- Restrictions on Use
Material from this or any World Wide Web site owned, operated, licensed, or controlled by THC may not be copied or distributed, or republished, posted, uploaded, or transmitted in any way, without the prior written consent of THC, except that you may download one (1) copy of the material on one computer for your personal, non-commercial home use only. Modification or use of the materials for any other purpose violates the THC’s intellectual property rights. The material in this Site is provided for lawful purposes only.
If you do download images or other material from our Sites, all files, images, and accompanying data are deemed to be licensed to you by THC, which retains full and complete title to such images and material. All of the Material available on THC’s Sites is proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit this material in any way.
You agree that the unauthorized use of this material could cause irreparable harm to THC and that in the event of an unauthorized use, THC shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
- Material that You Elect to Provide to THC Via This Site
All remarks, comments, graphics, photos, or other information communicated to THC through this Site will forever be the property of THC. THC will not be required to treat your submission as confidential and will be entitled to use your submission for any commercial or other purposes whatsoever without compensation to you or any other person involved with your submission. Further, THC will have exclusive ownership of all present and future existing rights to your submission of every kind and nature everywhere. This means that anything submitted by you to the Sites (i.e., photos, videos) may be used by THC for any purpose, now or in the future, without any payment to, or further authorization by, you. THC also has the right, but not the obligation, to use your name (if you opted to provide that) in connection with the broadcast, print, online or other use or publication of your Submission.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. THC will fully cooperate with any law enforcement authorities or court order requesting or directing THC to disclose the identity of anyone posting any such information or materials.
Although THC may from time to time monitor or review postings, transmissions, and the like on this Site, THC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site where you may have posted or transmitted material.
You agree that THC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Sites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By sending an unsolicited submission you waive the right to make any claim against THC relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
Your use of and browsing in the Sites are at your risk. Neither THC nor any other party involved in creating, producing, or delivering the Sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or application. Without limiting the foregoing, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
THC also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other contaminating or destructive properties that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or mobile application or your downloading of any materials, data, text, images, video, or audio from the site or mobile application.
The material in this Site could include technical inaccuracies or typographical errors. THC may make changes or improvements at any time.
- Restrictions on THC’s Liability
THC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF ITS SITES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. THC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN ITS SITES, EVEN IF THERE IS NEGLIGENCE BY THC OR IF THC OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. THC’s total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence), or otherwise for visiting this site will not be greater than the amount you paid to access this site.
- Trademarks and Copyrights
Further, you do not have permission to infringe or otherwise use THC’s trademarks.
- Copyright Infringement
If you believe that any material contained in THC’s Sites infringes your copyright, you should notify THC of your copyright infringement claim in accordance with the following procedure.
THC will process notices of alleged infringement which it received and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent, who is:
Kieran G. Doyle
Cowan, Liebowitz & Latman, P.C.
114 West 47th Street
New York, NY 10036-1525
t: (212) 790-9261 | f: (212) 575-0671
To be effective, the notification must be in writing and contain the following information: (1) 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, a 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.
- No Improper Use of Site
THC operates its business from its headquarters in the United States of America. If any material we provide, or your use of this site, is contrary to the laws of the place from which you access the Sites, then this Site is not intended for your use.
You are responsible for compliance with applicable your local laws. Further, if you use or download materials from our site or application, you represent and warrant that you are not located in, or under the control of, any country to which the U.S. has placed an embargo forbidding such access or use.
- Miscellaneous Legal
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding this Agreement, you may contact us at firstname.lastname@example.org. When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request.