Hide Terms
Last Updated August 2011
Welcome to Youclickwithlitclick.com. This Web site is owned and operated by Ms. Write, LLC. Please read these Terms and Conditions of Use carefully before using or obtaining any content, products, or services through this Web site.
Access to and use of this Web site is subject to acceptance of the Terms and Conditions of Use set forth below (the “Terms”), which includes our Privacy Policy. By accessing, using, or obtaining any content, products, or services through this Web site, you agree to be bound by these terms. If you do not accept all of these terms, then you should not use this Web site.
- Definitions
In this document, the following defined terms shall have the following corresponding meanings.
“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are stored or otherwise available on the Web site. “Content” also includes Marks and Products and Services, as well as all Communications and Materials.
“Communications and Materials” means all comments, narrative works, images, and other data and information posted by, or otherwise contributed or communicated to, this Web site by you.
“Mark” means “LitClick”, “Publishing Power to the People”, “Youclickwithlitclick.com”, and any other trademark, trade name, service mark, trade dress, logo, brand, or other identifying mark proprietary to, or licensed to, Ms. Write, LLC.
“Member” means an individual who has registered with the Web site. Members choose a Member ID and a password.
“Member ID” means the real name or pen name a Member uses (with his or her password) to log in to our Web site as a Member.
“Products and Services” means all goods and services offered for sale on the Web site from time-to-time.
“Provider” means Ms. Write, LLC’s, licensors, suppliers, information providers, and service providers.
“Youclickwithlitclick.com,” “we,” “us,” and “our” means Ms. Write, LLC, the owner and operator of the Web site, together with its affiliates.
“Web site” means this Web site, together with the respective Content, Marks, Products, and Services available from this Web site, as well as the software used to operate the Web site.
- Scope and Terms
Web site
These Terms govern your use of this Web site and all Content, Products, and/or Services available through the Web site. You agree to be bound by these Terms, and to use the Web site in strict compliance with all applicable laws, rulings, and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of the Web site, Youclickwithlitclick.com, or its Providers.
Additional Terms
Additional terms may apply when you purchase Products or Services. For example, if you purchase a Product manufactured by a third party, the manufacturer’s warranties will apply to that Product. You agree to abide by the terms and conditions imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of Products or Services.
Age restriction
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for or use the Products or Services available on the Web site. The Web site is not intended for children. If you are under 13, you should not access this Web site or provide to us any identifying information about yourself.
Responsible party
You are responsible for maintaining the secrecy of your password. In addition, you will be financially accountable, and otherwise responsible to us, for all use of our Web site by you and anyone using your password and login information.
Changes
These Terms were last changed on August 16, 2011. Youclickwithlitclick.com may modify these Terms at any time and such modification shall be effective upon posting by Youclickwithlitclick.com on the Web site. When we post modifications to these Terms, you can access a copy of the old Terms at the “Legal Stuff” link on this site, or by e-mailing us at LegalStuff@Youclickwithlitclick.com.
- Use of the Web site
License
Youclickwithlitclick.com grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Web site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Web site or our Marks. Any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Web site only for your personal, non-commercial use, and not to provide services to a third party.
No Copy, Distribution, or Sale
You may download, display, or print a limited number of copies, but not more than ten copies, of any portion of the Content displayed on the Web site. If you do so, you may not modify the Content in any way and must retain all proprietary marks, such as the © symbol, found on such Content. The above limitations, and those set forth below, do not apply to Communications and Materials that you have personally authored. There are no limitations on what you can do with your own Communications and Materials so long as your use does not interfere with Youclickwithlitclick.com’s rights set forth below in Section 6, Intellectual Property.
Except as provided above, you may not:
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the Content in any form whatsoever;
- Use a frame or border environment around the Web site, or other framing technique, to enclose any portion or aspect of the Web site, or mirror or replicate any portion of the Web site;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any other aspect of this Web site;
- Reverse engineer any part of this Web site; or
- Sell, offer for sale, transfer, or license the Content or any portion of the Web site in any form to any third parties.
Other Limitations
Unless otherwise provided within these Terms, or unless specific applicable law requires Youclickwithlitclick.com to allow you to do so, you may not do any of the following without the prior written consent of Youclickwithlitclick.com:
- Use any robot, spider, other automatic device, or manual process to monitor Content;
- Use or access the Web site in any way that, in our reasonable judgment, adversely affects the performance or function of the Web site, or any other computer systems or networks used by Youclickwithlitclick.com, other Web site users, or Members;
- Upload or transmit to the Web site or use any device, software, or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or attempt to interfere with or intercept, the normal operation of our Web site; or appropriate the Web site or any system; or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- Use any device, software, or routine that interferes with, or attempts to interfere with, the normal operation of the Web site, or take any action that imposes an unreasonable load on our equipment; or
- Disguise the origin of the information transmitted through the Web site.
Member ID and Password
Access to certain pages, functionality and features of the Web site may from time-to-time only be available to registered Members. If you believe your Member ID or password has been stolen or is otherwise being used without your authorization, you can change your password at your Profile page, after signing in. You may also contact us at Support@Youclickwithlitclick.com.
Termination
Youclickwithlitclick.com, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Web site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Web site, and destroy any copy you have made of any portion of the Web site. Accessing the Web site after such termination, suspension, or discontinuation shall constitute an act of trespass. Youclickwithlitclick.com shall not be responsible to you for such suspension or termination.
Changes
Any aspect of the Web site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Web site. You agree that Youclickwithlitclick.com shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
- Privacy and Security
Privacy
Your use of the Web site is subject to our Privacy Policy (available at the at the “Legal Stuff” link at Youclickwithlitclick.com). You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you.
Security
We make reasonable attempts to exclude viruses and other malicious code from the Web site, but cannot ensure that the Web site will be at all times free from viruses or other destructive software, such as Trojan horses, tapeworms, and the like. You are urged to take appropriate safeguards before downloading Content or other information or data from the Web site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Web site or downloading anything from the Web site. YOU ACKNOWLEDGE THAT YOU USE THE WEB SITE AT YOUR OWN RISK.
You acknowledge that computer systems and the transmission of data via the Internet are inherently insecure, and no amount of security can guarantee that data stored on computers or transmitted via the Internet will not be improperly accessed, used, altered, or otherwise tampered with by others. Youclickwithlitclick.com has implemented what we consider to be commercially reasonable technical and organizational measures designed to secure your Identifying Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use information provided by you for improper purposes. YOU ACKNOWLEDGE THAT YOU PROVIDE INFORMATION AND STORE DATA ON THE SITE AT YOUR OWN RISK.
- Services and Content
Availability
We will use our reasonable commercial efforts to keep our Web site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled down-time for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Web site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or down-time.
Software updates
When you use this site, we may offer to periodically, on an automated basis, download updates for installation on your computer. Any updates we provide are intended to improve the way you experience our Services. They may be enhancements to existing functionality, bug fixes, new software components, and/or entirely new versions of our software. You are not required to accept delivery of our updates, but if you refuse to allow our updates, your use of the Services may be significantly impaired.
Content
The Content is intended for informational purposes only. Although we exercise reasonable efforts to ensure its quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc., have in some cases been provided to us by the third-party vendor. We assume no liability or responsibility for any errors or omissions in such Content. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other Content available through the Web site.
Your Comments and other Submissions
Any Communications and Materials you transmit to Youclickwithlitclick.com, whether through the Web site, by electronic mail, or otherwise, will be treated as non-confidential and non-proprietary. By making Communications and Materials available on the Web site, you represent and warrant that:
- the downloading, copying, and use of the Communications and Materials will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
- if your employer has rights to intellectual property incorporated or otherwise covering or embodied by the Communications and Materials, you have either (i) received express permission from your employer to post or make available the Communications and Materials, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Communications and Materials necessary to pass through to us the rights licensed;
- you have fully complied with any third-party licenses relating to the Communications and Materials, and have done all things necessary to successfully pass through to us and any other users of this Web site any required terms, including the rights licensed to us in accordance with Section 6 below, under the heading “License”;
- the Communications and Materials do not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive programming;
- the Communications and Materials are not spam, are not machine- or randomly-generated, and do not contain unethical or unwanted commercial content designed to drive traffic to third-party Web sites or boost the search engine rankings of third-party Web sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing);
- the Communications and Materials are not: (i) a false representation of objective information; (ii) pornographic, sexually explicit, libelous, or defamatory;
- the Communications and Materials do not contain threats or incite violence towards individuals or entities, and do not violate the privacy or publicity rights of any third party.
Prohibited Content
Youclickwithlitclick.com may delete any Content that in the sole judgment of Youclickwithlitclick.com: (i) violates these Terms and Conditions of Use, (ii) or which may be offensive or illegal, (iii) or which may violate the rights or harm, (iv) or threaten the safety of any person. Youclickwithlitclick.com also may delete any Content for any other reason at Youclickwithlitclick.com’s sole discretion. Please choose carefully the Content you post on the Web site and that you provide to other users. Any Content you post on the Web site may not include photographs, videos, sound, and/or any other materials that, in the sole and absolute discretion of Youclickwithlitclick.com, contains nudity or any obscene, lewd, violent, harassing, defamatory, libelous, false, infringing, inflammatory, sexually explicit, or otherwise objectionable subject matter, or Content the posting of which would otherwise violate these Terms and Conditions of Use (“Prohibited Content”). Despite this prohibition, Youclickwithlitclick.com cannot police all Content posted on the Web site and, accordingly, information provided by other Web site users may contain Prohibited Content and Youclickwithlitclick.com assumes no responsibility or liability for this material. If you become aware of the posting of Prohibited Content or any other misuse of the Web site Services by any person, please contact Youclickwithlitclick.com at LegalStuff@Youclickwithlitclick.com.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Web site. Youclickwithlitclick.com reserves the right to investigate and take appropriate legal action against anyone who, in Youclickwithlitclick.com’s sole discretion, violates this provision, including, without limitation, removing the offending communication from the Web site and terminating the privileges of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Youclickwithlitclick.com:
- is offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group, individual, or property;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter, or contains a link to an adult Web site;
- promotes information that you know is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video, or links to pirated music or video files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, terrorism, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- infringes or misappropriates any third party’s patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property; or
- invades or violates any third party’s right to privacy.
- Intellectual Property
Ownership Rights
This Web site (including the programming for the Web site) and its Content is the sole and exclusive property of Youclickwithlitclick.com or its licensors. Youclickwithlitclick.com and its licensors retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Web site and its Content. In respect of the Communications and Materials, you are the owner/licensor, and we are the licensee. You retain the copyright, as well as any other existing rights that you hold in Communications and Materials that you submit, post, or display, as a Member, on or through Youclickwithlitclick.com. The Web site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws throughout the world, through the application of local laws or international treaties. Any unauthorized use, reproduction, or modification of this Web site may violate such laws.
License
By voluntarily submitting to us, or by posting on the Web site any Communications and Materials, you grant Youclickwithlitclick.com a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications and Materials in any form, media, or technology. This means you will not receive monetary compensation if we use Communications and Materials provided by you for commercial purposes, whether or not such use is facilitated by or otherwise conducted through the Web site. We assume no responsibility for any Communications and Materials posted or submitted by you, or for the return or such Communications and Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer or otherwise respond to every comment individually.
- Disclaimer of Warranty
Youclickwithlitclick.com and its Providers make no warranty of any kind regarding the Web site, Content, and any Products and Services, all of which are provided on an “as is” basis. Youclickwithlitclick.com and its Providers expressly disclaim any representation or warranty that the Web site will be free from errors, viruses, or other harmful components; that communications to or from the Web site will be secure and not intercepted; that the Products and Services and other capabilities offered from the Web site will be uninterrupted; or that the Content or any Products and Services will be accurate, complete, timely, or non-infringing. The fact that Youclickwithlitclick.com is including or offering on the Web site any Products and Services provided by a third-party Provider is not an endorsement or a recommendation of the particular Products and Services.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, Youclickwithlitclick.com AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
- Limitation of Liability
Subject to applicable law, use of this Web site and its Content, Products, and Services is at your sole risk. Products and Services made available on this Web site and provided by third-party Providers are subject to conditions imposed by the Providers. Providers who furnish Products or Services through this Web site are independent contractors, and not agents or employees of Youclickwithlitclick.com. IN NO EVENT WILL Youclickwithlitclick.com OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS WEB SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, THAT WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR WEB SITE OR CONTENT, OR (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF Youclickwithlitclick.com AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above, Youclickwithlitclick.com or a Provider is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described above in this Section 8, then Youclickwithlitclick.com and the Providers’ liability will in no event exceed, in total, the sum of US$250.00. This limitation of liability may not be permissible under the law of some states, so the limitations above may not apply to you.
- Indemnification
You agree to defend and indemnify Youclickwithlitclick.com and any Provider, and each of their respective officers, directors, employees, and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Youclickwithlitclick.com or any Provider as a result of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party or (3) your negligence or intentionally wrongful acts or omissions.
- Disputes
The laws of the State of New Jersey (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms or any Products and Services. If you take any legal action relating to your use of our Web site, these Terms or the Products and Services, you agree to file such action only in the state and federal courts located in Bergen County, New Jersey (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees and expenses.
- General
Your acceptance of these Terms, and your use of the Web site, do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else’s breach of these Terms on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of the Web site, and replace any prior understandings or agreements (whether oral or written) regarding your use of our Web site.
- Provisions of these Terms and Conditions
Prior Terms and Conditions
These Terms supersede any prior Terms and Conditions relating to the use of the Web site that were displayed on this Web site before the date stated above.
Modifications
We may modify, revise, or update these Terms and/or the Privacy Policy, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms and Privacy Policy, because they are binding on you. Your continued use of our Web site will be subject to the Terms in effect at the time of your use.
Written Documents
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
Electronic Notification
To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communication posted on the Web site, electronic mail, or instant messaging.
- Copyright Policy
You may not use the Web site or any Products and Services to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary materials belonging to others without obtaining the prior written consent of the owner of such proprietary materials. It is Youclickwithlitclick.com’s policy to terminate privileges of any Member or other user of the Web site who infringes the copyright of others upon receipt of prompt notification to Youclickwithlitclick.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Web site in a way that constitutes copyright infringement, please review and utilize our procedures for protecting your rights as set forth below.
In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512, Youclickwithlitclick.com has adopted the policy described in this Section 13 concerning copyright infringement. Youclickwithlitclick.com respects the legitimate rights of copyright owners and their agents and representatives. Members and others who use any part of the Web site are required by these Terms to respect the legal protections provided by applicable copyright law.
Procedure for Reporting Copyright Infringements. If you believe that your work has been copied on this Web site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Web site (including the specific URL of each item in dispute, which should help us to quickly locate the allegedly infringing material);
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE ALLEGEDLY INFRINGING MATERIALS MAY BE FOUND, WILL RESULT IN A DELAY OF THE PROCESSING OF THE DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
Notice And Takedown. If Youclickwithlitclick.com receives proper notification of claimed infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, or to be the subject of infringing activity. Youclickwithlitclick.com will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.
Youclickwithlitclick.com may, at its discretion, deny access to this Web site by, or disable and/or terminate the accounts of, Members or other users who may be infringers.
Designated Agent. Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by e-mail or standard mail:
Youclickwithlitclick.com
P.O. Box 234, Ridgewood, NJ 07451-0234
Attn: Youclickwithlitclick.com, Copyright Agent
E-mail: LegalStuff@Youclickwithlitclick.com
Upon receipt of proper notification of claimed infringement, Youclickwithlitclick.com will follow the procedures outlined herein and in the DMCA.
Copyright Counter-Notices. If materials you posted on the Web site were removed for copyright or intellectual property infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
- To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
- Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Members and other users who are infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):
- Identify the specific URLs of material that Youclickwithlitclick.com has removed or to which Youclickwithlitclick.com has disabled access.
- Provide your full name, address, telephone number, e-mail address, and, if you are a Member, the Member name of your Youclickwithlitclick.com account.
- Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Bergen County, New Jersey; if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to Youclickwithlitclick.com in accordance with the process outlined above or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
Youclickwithlitclick.com
P.O. Box 234, Ridgewood, NJ 07451-0234
Attn: Youclickwithlitclick.com, Copyright Agent
E-mail: LegalStuff@Youclickwithlitclick.com
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the allegedly infringing material posted on the Web site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country or the United States if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination of access to the Web site in appropriate circumstances for Members and other users who are infringers. So, if you are not sure whether materials you posted on the Web site are being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend that you first contact a lawyer knowledgeable in the laws of the United States. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
- Contact Information
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to, or use of, the Web site or the Services and Products offered by Youclickwithlitclick.com, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
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