TermS & CONDITIONS
Date of lAST REVISION: 11/19/15
Please read and review these Terms carefully. By visiting or otherwise using the Platform (i) you agree that you have read, understood and are bound by these Terms; (ii) you will comply with all applicable laws, regulations, rules and policies; and (iii) you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and are no younger than 18 years old. You also agree that your access to and use of the Platform is a valuable benefit that you receive by agreeing to and complying with these Terms. If you do not agree to these Terms, you may not access, browse or use the Platform.
Minors Prohibited: The Platform is not directed to individuals younger than eighteen (18) years of age. If you are younger than eighteen, you are not authorized to access or use the Platform.
- Overview of the Monegraph Platform
Monegraph provides a platform for the registration and exploitation of original digital artworks and other media (“Digital Works”).
When you register a Digital Work with Monegraph through the Platform, you will receive a set of blockchain keys and values, to be stored in a secure digital wallet by Monegraph on your behalf, which represents your unique claim of ownership of that Digital Work. Publication on the public ledger and on the Platform commits that claim to the pubic record.
By registering a Digital Work with Monegraph through the Platform, you agree to allow Monegraph, on your behalf, to (1) announce publicly that you are the author of the Digital Work, (2) uniquely identify the Digital Work through digital methods of identification that may consist of hashing or other digital forensic techniques, (3) create the right to title and date the Digital Work and to amend or change the title of the Digital Work, (4) assign possible subsequent rights to create derivative works based on the Digital Work (“Remix Rights”), (5) assign possible subsequent rights to sublicense rights to the Digital Work (“Resale Rights”), (6) assign the right to issue “limited” or “open” editions in the Digital Work, and (7) establish terms, usage and payment rights pertaining to the Digital Work. Monegraph reserves the right to create additional rights as needed. This “Original Title Contract” only establishes the rights to define the foregoing terms; the actual terms are provided in each License Agreement (as that term is defined below).
Currently, the Platform is configured to assign Remix Rights and Resale Rights to all Digital Works upon registration. You may also specify whether the Digital Work includes the right to issue “limited editions” or “open editions.” The “limited edition” option allows you to issue a limited number of “editions” of the applicable Digital Work (the number is determined by you at registration), akin to a limited edition of photographs or prints, while the “open edition” option allows you to issue an unlimited number of editions of the applicable Digital Work. You can assign the type of License Agreement for editions at registration as well. Each edition issued from a Digital Work with a “limited edition” option has its own Resale Right, which is limited to that specific edition, but there is no Resale Right for editions issued from a Digital Work with an “open edition” option. You may exercise the Resale Right of a Digital Work with either an “open edition” option, or “limited edition” option if not all editions have been issued, and the Licensee (as defined below) takes the sublicense in the Digital Work subject to all editions already issued. The Licensee may continue to issue editions of a Digital Work with either option, but for “limited edition” Digital Works, the Licensee is limited only to the number of editions not already issued.
You may offer a Digital Work, or edition of a Digital Work, to other users pursuant to a variety of license agreement templates which can be chosen upon authentication of such Digital Work (each a “License Agreement”). Additionally, you may solicit other users to create one or more Digital Works for use by you pursuant to the type of License Agreement you choose. Upon consummation of the relevant License Agreement, you will receive a set of blockchain keys and values, also to be stored in a secure digital wallet by Monegraph on your behalf, which represents the License Agreement entered into by you and the corresponding user.
Monegraph does not act as your sales or marketing agent in the exploitation of your Digital Work(s). Instead, Monegraph solely provides you with license creation, rights transfer and management services. Monegraph charges you fifteen percent (15%) of the relevant transaction amount for these services.
Currently, the Platform is configured for the following License Agreement types only, but other types of License Agreements will become available in the future. In each instance, the creator of the applicable Digital Work is the “Licensor” and the user obtaining the right to use such Digital Work pursuant to a License Agreement is the “Licensee”.
The Artwork License allows Licensee to exclusively display a registered Digital Work on any device owned by Licensee and in non-commercial public exhibitions. The following terms will apply to all Artwork Licenses:
- Licensee shall have no right to display or otherwise use the Digital Work in connection with any commercial use, advertising or trade.
- Licensee agrees that in the event the Resale Right has been assigned to the Digital Work, and Licensee subsequently exercises such Resale Right, Licensee shall pay to the original Licensor a sum equal to fifteen percent (15%) of the Appreciated Value, if any. “Appreciated Value” means the increase, if any, in the price or value of the Digital Work received by Licensee upon resale of the Digital Work, over the price or value of the Fine Artwork originally received by Licensor.
- Use of the Digital Work must include the following credit on or adjacent to the Digital Work: “©[Licensor Name]”.
- The following rights will be reserved for the benefit of Licensor:
- All rights whatsoever to copy or reproduce the Digital Work; provided, however, that Licensor shall not unreasonably refuse permission to reproduce the Digital Work in catalogues and the like incidental to authorized public exhibition of the Digital Work.
- No Licensee may intentionally alter, modify or change the Digital Work in any way whatsoever, unless Remix Rights have been assigned for the Digital Work.
- In the event Licensee is entitled to any amounts as rent or other compensation for the use of the Digital Work at public exhibition, Licensee shall pay to Licensor a sum equal to fifty percent (50%) of such amounts.
- For the avoidance of doubt, Licensor is the owner of the copyright in the Digital Work and reserves all rights afforded to him/her under Section 106 of the U.S. Copyright Act.
News Photo License
The News Photo License allows Licensee to exclusively use the Digital Work in connection with projects relating to events that are newsworthy or of general interest. The following terms will apply to all News Photo Licenses:
- The Digital Work may not be used in connection with any advertorial or native advertising sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor), or any other commercial, promotional, endorsement, advertising or merchandising use.
- Use of the Digital Work must include the following credit on or adjacent to the Digital Work or in audio/visual production credits: “©[Licensor Name]”.
The Product License allows Licensee to exclusively use the Digital Work in connection with an unlimited number of projects, subject to the following prohibited uses:
- Use the Digital Work in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
- Use or display the Digital Work on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products (e.g., products in which the Digital Work is selected by a third party for customization of such product on a made to order basis) including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as zazzle.com and cafepress.com);
- Use the Digital Work in connection with any goods or services intended for resale or distribution where the primary value lies in the Digital Work itself including, without limitation, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
- Use any of the Digital Work as part of a trademark, design mark, tradename, business name, service mark, or logo;
- Incorporate the Digital Work in any product that results in a re-distribution or re-use of the Digital Work (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Digital Work as an electronic file;
- Use the Digital Work in a fashion that under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Digital Work into disrepute;
- If any Digital Work featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement adjacent to the Digital Work that indicates that: (i) the Digital Work is being used for illustrative purposes only; and (ii) any person depicted in the Digital Work, if any, is a model, unless the Digital Work itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Digital Work may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Digital Work itself;
- To the extent that source code is contained within the Digital Work, reverse engineer, decompile, or disassemble any part of such source code;
- Remove or modify any notice of copyright, trademark or other proprietary right , or any other copyright management information or metadata, from any place where it is on or embedded in the Digital Work;
- Install and use the Digital Work in more than one location at a time or post a copy of the Digital Work on a network server or web server for use by other users;
- Use or display the Digital Work in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;
- Either individually or in combination with others, reproduce the Digital Work, or an element of the Digital Work, in excess of 500,000 times in physical (hard-copy) prints.
- If the Digital Work is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Digital Work contrary to the terms of this license, and (ii) in such event, upon Licensor’s request, Licensee shall remove any Digital Work from such platform or website.
The Snapshot License allows Licensee to exclusively use the Digital Work in connection with an unlimited number of projects, with the only limitation that Licensee may not create any derivative works based on the Digital Work if Remix Rights have not been assigned to such Digital Work.
You acknowledge that entering into any transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. You are solely responsible for any disputes you may have with another user regarding such agreements and transactions. We reserve the right, but have no obligation, to monitor disputes between you and other users. MONEGRAPH DISCLAIMS ALL LIABILITY RELATED TO ANY DISPUTES BETWEEN USERS.
In the event you transfer or license rights in any Digital Work outside of the Platform, we shall have no obligation or liability regarding such transaction.
- Ownership and Restrictions on Use
Monegraph is the owner or licensee of all Platform Content on the Platform. Platform Content includes, without limitation, applications, software, videos, images, text, scripts, photos, graphics, music, animation, audio, audiovisual materials, downloadable materials, applications, and also includes the look and feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Platform, as well as trademarks, trade names, service marks or logos owned or licensed by Monegraph (the “Marks”), and all other intellectual property rights covering or embodied by the Platform Content, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Platform Content does not include User Content, as described herein. You do not acquire any ownership interest in any Platform Content by accessing or using the Platform or Platform Content.
- System Requirements
To access the Platform, you will need a compatible device, Internet access, and certain software that may require updates or upgrades. Your ability to use the Platform may be affected by the performance of hardware, software, and Internet access. You agree that such system requirements, which may change from time to time, are your responsibility. You are responsible for any costs you incur to access the Internet.
- Your Use andUser Content; License Grant; Right to Monitor and Editorial Control
You may access, browse and use the Platform and Platform Content only in accordance with these Terms. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Platform or Platform Content, except as expressly provided herein.
Parts of the Platform will allow you to post, upload, transmit or submit Digital Works and other content and information to the Platform (collectively, “User Content”).
Please do not post any confidential, secret or proprietary information or material through the Platform, by e-mail or in any other way. By providing User Content to us, you: (i) represent and warrant, to us and to all other users of the Platform, that User Content is your original creation, that you own or otherwise control all of the rights in User Content, or that you have the rights necessary to grant to us the license to User Content granted herein, and that User Content does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; (ii) represent that you have no expectation of confidentiality of any nature with respect to User Content and that we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to User Content; (iii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, prepare derivative works of, transmit, translate, display, perform, publish, sell and adapt the User Content through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party, solely in connection with the operation, maintenance and promotion of the Platform; and (iv) shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Platform, the Platform Content, User Content or your posting on, or submission to, the Platform, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining User Content, and we may remove User Content from the Platform at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Platform and/or Platform Content by our Users, and we are not responsible for any such materials. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also restrict your access to part or all of the Platform or Platform Content without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
- Prohibited Conduct
You warrant and agree that, while accessing or using the Platform, you will not:
- reproduce, duplicate, copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit any portion of the Platform or the Platform Content unless permitted under these Terms or with the prior written authorization of Monegraph and any applicable licensors;
- access or attempt to access another user’s account that you are not authorized to access;
- incorporate Platform Content into any hardware or software application without prior authorization of Monegraph;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Platform, our licensors or anyone otherwise affiliated with us;
- sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Platform Content to any third party;
- remove any proprietary notices or labels on any Platform Content;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, branding or other promotional content on the Platform or into any Platform Content;
- post, email, transmit or otherwise make available unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “stock touts,” “pyramid schemes,” or any other form of solicitation;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Platform Content available on or through the Platform through any means, including through means not intentionally made publicly available or provided through the Platform;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Platform, or obtaining lists of users or other information from or through the Platform, including, without limitation, any information residing on any server or database connected to the Platform;
- use the Platform or Platform Content in any manner that could interrupt, damage, disable, overburden or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- use the Platform or Platform Content in violation of our intellectual property or other proprietary or legal rights or rights of any third party;
- use the Platform or Platform Content in violation of any applicable law;
- attempt (or encourage or support anyone else’s attempt) to disable, bypass, modify, defeat, circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Platform or the Platform Content, including without limitation any security, digital rights management or data encryption components limiting access to Platform Content;
- use the Platform to “stalk” or otherwise harass or harm another in any way; or
- collect or store personal data about other users of the Platform.
- Your Registration and Your Information
You are solely responsible for maintaining the confidentiality of Your Information. You are also solely responsible for any and all activities on the Platform that occur under Your Registration or Your Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your Information, and of any and all other security breaches. If you believe your account ID or password has been lost or stolen, contact us at email@example.com
We reserve the right to terminate Your Registration or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove User Content from the Platform. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Platform. If you voluntarily terminate Your Registration or allow Your Registration to lapse, you may reactivate Your Registration at any time through the user account section of the Platform. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. Even after termination of Your Registration, these Terms will remain in effect.
- Your Ideas and Suggestions
Please be aware that if User Content constitutes ideas, suggestions, know-how, concepts, techniques, comments, criticism, reports or other feedback (“Feedback”), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable (through multiple tiers), fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, reproduce, edit, distribute, modify, adapt, publish, publicly perform, publicly display, transmit, translate or digitally perform Feedback in any and all embodiments, media and means of communication, now known or hereafter developed. You represent and warrant to us that your Feedback is original to you, that you own or otherwise control all of the rights in your Feedback, or that you have the rights necessary to grant to us the license to your Feedback granted herein, and that your Feedback does not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. Notwithstanding the foregoing, we are not obligated by these Terms to proceed with or conclude any agreement or transaction with you concerning any such Feedback.
If you do not wish to grant these rights, do not share, submit or post any Feedback on or through the Platform.
Monegraph reserves the right to modify, suspend, or discontinue the Platform and/or access to any Platform Content, or any part thereof, at any time and without notice to you, and Monegraph will not be liable to you should it exercise such rights, even if your use of Platform Content is impacted by the change.
- Objectionable Content
You may find some Platform Content and/or User Content offensive or objectionable. You agree that your use of the Platform, including access to such Platform Content and/or User Content, is at your sole risk, and Monegraph shall have no liability to you for content that may be found to be offensive or objectionable. Descriptions of Platform Content and User Content available on the Platform are for your convenience and Monegraph does not guarantee their accuracy.
- Links to Third-Party Websites
We may provide links to websites of third parties. If you click on these links, you will leave the Platform. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
- Linking to the Platform
You agree that if you include a link from any website to the Platform, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Platform. You may not link directly to any Platform Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner that causes the Platform, or any page of the Platform, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Platform be discontinued and removed and revoke your right to link to the Platform.
- Warranty Disclaimers
We administer, control and operate the Platform from our offices in New York, the United States of America. The Platform is accessible world-wide; however, some of its features, functions or Platform Content may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Platform and Platform Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Platform may not be legal in your jurisdiction. If you choose to access, browse or use the Platform, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Platform to any person and geographic area. Any offer for any feature or function made on the Platform is void where prohibited.
Any information we provide on the Platform is of a general nature only, and we specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Platform.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Platform or any of Platform Content. We are not liable for any errors, omissions, or inaccurate Platform Content. We are not responsible for typographic errors.
THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF PLATFORM CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE PLATFORM OR PLATFORM CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE PLATFORM AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE PLATFORM OR YOUR DOWNLOADING OF THE PLATFORM CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE PLATFORM.
- Limitation of Liability
EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR PLATFORM CONTENT, OR FOR ANY INFORMATION, SOFTWARE APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE HEREIN LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL WE BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR USER CONTENT). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS (US$100).
- Notification and Counter-Notification of Claim of Copyright Infringement
We respect the intellectual property rights of others and require our users to do the same.
To notify us of your claim of copyright infringement with respect to any Platform Content or User Content, please send a written communication to our designated copyright agent:
Kevin McCoy, 231 Bowery, 2nd Floor, New York, NY 10002. firstname.lastname@example.org
Do not contact us using this contact information for anything other than for notifying us of a claim of copyright infringement. For all other inquiries, please contact us at email@example.com
Your notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Platform are covered by a single notification, a representative sample of such works or a link or URL to such works;
- 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, as well as a link or URL to all such material at the Platform;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have 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
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of copyright infringement as described herein, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.
If content you posted on the Platform was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications is as follows:
- To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth herein, with a written communication that sets forth the items specified herein.
- 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 the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
- Identify the specific URLs of (or other information sufficient to allow us to identify) material that we have removed or to which we have disabled access.
- Provide your full name, address, telephone number, email address and, if you are a registered user, the user name of your user 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, if your address is outside of the U.S.A., the Federal District Court for the Southern District of New York, and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined herein, 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 email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to our designated copyright agent using the contact information provided herein.
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 personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable 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 material on the Platform. 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).
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 and/or the United States of America 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 in appropriate circumstances of access privileges for users who are infringers. So, if you are not sure whether content you posted on the Platform is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of California. If you do wish to file a counter-notice, you should follow the process set forth herein under the heading “Counter-Notices.”
If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Platform infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided herein in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth herein.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Monegraph may send you notices by sending an email message to the email address listed in Your Information or by a posting on the Platform. Notices shall become effective immediately upon their distribution or posting.
- No Relationship
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Monegraph or between Monegraph and any other user of the Platform. You further acknowledge that that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Monegraph other than pursuant to these Terms.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
- Governing Law.
You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern your use of the Platform, these Terms and all matters relating to your access to, and/or use of, the Platform, including all disputes between you and Monegraph. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York County, New York, and the related appellate courts, in any related action or proceeding.
- Entire Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to us.
© 2021 – Monegraph Corporation. All Rights Reserved.