Last Modified: June 17, 2016
Effective Date: June 17, 2016
9. Advertising. This Site may include advertising, which may be targeted to you based on information that you provide to us, your use of this Site, and other information. In exchange for us granting you permission to access and use this Site, you consent to Journey Group (and our third party providers, partners, and affiliates) placing such advertising on this Site.
10. Claims of Intellectual Property Infringement.
10.2. Reporting Claims of Copyright Infringement.
10.2.1. Digital Millennium Copyright Act (DMCA) Notice Procedures. Journey Group will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Journey Group Services infringe your copyright, you may request removal of those materials (or access thereto) from the Journey Group Services by submitting written notification to the Journey Group Intellectual Property Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “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 Service, 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 (such as your name, mailing address, telephone number, and, if available, an e-mail 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; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Journey Group’s designated Intellectual Property Agent to receive DMCA Notices is:
Patrick C. Asplin
530 East Main Street
P.O. Box 2057
Charlottesville, VA 22902
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 Journey Group Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
10.2.2. DMCA Counter-Notification Procedures. If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Journey Group (a “DMCA Counter-Notice”) by submitting written notification to the Journey Group Intellectual Property Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following:
- Your physical or electronic signature;
- 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;
- 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;
- Your name, address, and telephone number (and if you wish to facilitate Journey Group’s ability to contact you, your e-mail address); and
- 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 United States, for any judicial district in which Journey Group may be found), and that you will accept service of process from the person who provided us with the DMCA Notice at issue.
The DMCA allows Journey Group 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 DMCA Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Journey Group Services 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.
10.3. Reporting Claims of Other Intellectual Property Infringement. If you believe any User Content accessible on or through the Journey Group Services infringes your Intellectual Property Rights (other than your copyrights), you may request removal of the User Content (or access thereto) from the Journey Group Services by submitting written notification to the Journey Group Intellectual Property Agent (designated above). The written notice (an “Infringement Notice”) must include all of the following:
- Your physical or electronic signature.
- Identification and description of the Intellectual Property Rights you believe to have been infringed. If you are reporting a claim of trademark infringement, your written notice must identify the exact trademark, service mark, or other mark (and if the mark is anything other than standard characters, you must include a copy of the mark), a description of the goods or services for which you believe you have trademark rights, the registration number and office of registration (if applicable), and a description of the reason why you believe the User Content (“Alleged Infringing Content”) causes a likelihood of confusion with or dilution of your mark.
- Identification of the Alleged Infringing Content you believe to be infringing in a sufficiently precise manner to allow us to locate it. Adequate information by which we can contact you (such as your name, mailing address, telephone number, and, if available, an e-mail address).
- A statement that you have a good faith belief that use of the Alleged Infringing Content is not authorized by the owner of the Intellectual Property Rights, the owner’s agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are the authorized owner of the Intellectual Property Rights or that you are authorized to act on behalf of the owner of the Intellectual Property Rights.
Upon receipt of an Infringement Notice, we may act in any manner that we deem reasonable and appropriate, including without limitation, temporarily or permanently Removing the Alleged Infringing Content described in such Infringement Notice. However, we will generally endeavor to provide a copy of the Infringing Notice to the user or Channel Operator who is responsible for the applicable Alleged Infringing Content (the “Responsible Party”) and request that such Responsible Party provide a written response to the party alleging infringement (the “Asserting Party”) or to us, in which case we will forward such response to the Asserting Party, together with the Responsible Party’s contact information (name, address and e-mail address). If the Responsible Party’s response is not satisfactory to the Asserting Party, or the Responsible Party fails to respond within ten (10) business days of the date we forward the Infringement Notice, we may disclose, if known, the name, address, e-mail address, and other contact information of such Responsible Party to the Asserting Party, in which case, such Responsible Party and such Asserting Party shall communicate directly to resolve the matters alleged in such Infringement Notice. Thereafter, but without limiting our rights to take any other action that we deem appropriate or reasonable (including Removing the Alleged Infringing Content), we shall Remove or otherwise act with respect to the Alleged Infringing Content upon a written direction from both the Asserting Party and the Responsible Party or in accordance with Section 10.1 above.
JOURNEY GROUP HAS NO RESPONSIBILITY OR LIABILITY TO ANY PERSON FOR REMOVING ANY USER CONTENT OR OTHER CONTENT OR MATERIALS. YOU AND EACH USER EXPRESSLY AND FOREVER WAIVE ALL CLAIMS AGAINST THE JOURNEY GROUP PARTIES ARISING OUT OF OR RELATING TO THE TEMPORARY OR PERMANENT SUSPENSION OR REMOVAL OF ANY USER CONTENT OR OTHER CONTENT OR MATERIALS.
You agree that if you knowingly materially misrepresent that User Content or activity on the Journey Group Services is infringing Intellectual Property Rights, you will be held liable for (and will reimburse and pay the Journey Group Parties for) costs and fees (including attorneys’ fees) and other damages incurred by Journey Group in reviewing, investigating, addressing, and responding to your written notice and the claims made in such notice.
11. Disclaimer of Warranties. You expressly understand and agree as follows:
11.1. Your use of the Journey Group Services is at your own risk, and the Journey Group Services and all content and information available on or through the Journey Group Services (including all Works) are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” without any warranties or conditions whatsoever, to the fullest extent permissible under applicable law.
11.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE JOURNEY GROUP SERVICES AND ALL CONTENT AND INFORMATION AVAILABLE ON OR THROUGH THE JOURNEY GROUP SERVICES (INCLUDING ALL WORKS) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11.3. We do not warrant or guarantee that: (i) access to and use of the Journey Group Services will be uninterrupted, free of viruses, malware, errors, harmful components, or otherwise reliable; or (ii) any defects or errors with the Journey Group Services or any information associated with the Journey Group Services will be corrected promptly or at all. We expressly disclaim any responsibility or liability for the operability, reliability, and performance of the Journey Group Services.
11.4. While we will make reasonable efforts to provide accurate and timely information and content on this Site, you should not assume that any content or information provided (including any Work) is always up-to-date, accurate, or complete, or that this Site contains all of the relevant information available. We make no representations, warranties, or assurances as to the accuracy, currency, or completeness of this Site or of any Work or other content or information on this Site, and we disclaim any and all responsibility or liability related thereto. Your use of, and reliance upon, any Work and any other content and information on this Site is at your sole risk.
12. Limitation of Liability.
12.1. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER JOURNEY GROUP NOR ANY OF ITS OFFICERS, MEMBERS, ATTORNEYS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, OR AFFILIATES (COLLECTIVELY, “JOURNEY GROUP PARTIES”) WILL BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER RELATING TO YOUR ACCESS OR USE OF THE JOURNEY GROUP SERVICES. THE FOREGOING EXCLUSION APPLIES WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF THE JOURNEY GROUP PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE MAXIMUM LIABILITY OF ANY JOURNEY GROUP PARTIES TO YOU OR ANY OTHER PERSON RELATING TO YOUR USE OF THE JOURNEY GROUP SERVICES WILL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR THE SUM OF FIVE THOUSAND DOLLARS ($5,000). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.
12.3. SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU.
16. General Provisions.
16.3. Non-Waiver. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized manager or officer of Journey Group.
17. Contacting Us. You may contact us by e-mail at email@example.com or by phone at 434-961-2500.