Terms of Use
Casting Depot Platform Inc.
1. READ THIS:
This Terms of Use Agreement ("Agreement" or "Terms of Use") is made by and between Casting Depot, Inc., a Delaware corporation, with offices at 401 Park Ave, NY, NY ("CDP") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this Website.
BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER CDP SOFTWARE, SERVICES, WEBSITES OR ANY OF CDP LICENSEES’ SERVICES (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AS WELL AS THE CDP PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
CDP RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN CDP’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.
This website is published in English and we are not responsible for errors in translation.
2. ACCESS TO THIS SITE
To access this Website or some of the resources it offers, you will be asked to provide certain registration details or other information. If CDP believes the information you provide is not correct, current, or complete, CDP has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time. Our website and services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us.
The site may contain features or links to websites and services provided by third parties, such as social media networks. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through our site. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the site. We encourage you to learn about the third parties’ privacy and security policies before providing them with information.
It is a condition of your use of this site that you provide the following information is provided accurately and completely:
1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Website.
2. To access and use the Website, you must register for an account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. CDP may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
3. You acknowledge that CDP will use the email address you provide as the primary method for communication.
4. You are responsible for keeping your password secure, which is your means of entering the Account. Neither CDP nor any of its affiliates will be liable for any loss or damage from relating to the security of your account and password.
5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ("Materials").
6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of CDP will result in an immediate termination of your services.
3. Payment of fees
1. Registration with Stripe and agreement with the Stripe terms of service is required to create any Account for which payment is required.
2. Any service fee will be billed in 30 day intervals (including your base fee and percentage of goods fee) using the payment information provided by the Account Owner. If your service fee is processed and the appropriate fees cannot be collected using the payment information provided by the Account Owner to Stripe, an invoice will be sent via the email provided. An invoice may also appear on your account page. Users have two weeks to notify CDP in writing of any issues related to the provision of services and to settle any issues with billing.
3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (Taxes).
4. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of CDP's products and services.
5. Your payments are handled over an encrypted connection or via a secure third party processor. Access to personal information on our databases is restricted to authorized staff. As appropriate, we may require our service providers with access to personal information to sign agreements that require them to take steps to protect the information.
4. Cancellation and termination
1. You may delete your account at any time by emailing hello@castingdepot.com and then following the specific instructions indicated to you in CDP's response.
2. Upon termination of the Services by either party for any reason:
CDP will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to CDP for your use of the Services through the effective date of such termination will immediately become due and payable in full; and any Materials will be removed permanently.
3. If you cancel the account in the middle of the month, you will receive one final invoice via email and the credit card provided by the Account Owner will be billed the full service fee.
4. We reserve the right to modify or terminate your Account for any reason, without notice at any time.
5. Fraud: Without limiting any other remedies, CDP may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
5. Modifications to the service and prices
1. Prices for using the Services are subject to change at any time and without notice from CDP.
2. CDP reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
3. Neither CDP nor any of its affiliates shall be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6. Security
CDP uses Stripe as its exclusive payment service and does not handle "Card Data" (defined as a cardholder's account number, expiration date and CVV2) as we do NOT receive or store card holder data. We provide a checkout page which sends "Card Data" to Stripe. We then receive a token which represents the Card Data but does not contain the Primary Account Number. We use this token to perform charge processing, and never receive, store, or use Card Data to perform processing.
7. Optional tools
1. CDP uses Stripe as its exclusive payment service and does not handle "Card Data" (defined as a cardholder's account number, expiration date and CVV2) as we do NOT receive or store card holder data. We provide a checkout page which sends "Card Data" to Stripe. We then receive a token which represents the Card Data but does not contain the Primary Account Number. We use this token to perform charge processing, and never receive, store, or use Card Data to perform processing.
2. You acknowledge and agree that CDP provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. Neither CDP nor any of its affiliates shall have any liability whatsoever arising from or relating to your use of optional third party tools.
3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
4. CDP strongly recommends that merchants seek specialist advice before using or relying on certain tools.
8. Indemnity
You are responsible for your use of the Service, and you will defend and indemnify CDP and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "CDP Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
9. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. CDP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CDP DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CDP DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CDP ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CDP ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
HOWEVER, CDP DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CDP IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CDP OR ITS AFFILIATES OR RELATED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CDP OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED HEREIN (iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF CDP TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CDP FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of CDP’s website(s), you warrant to CDP that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of CDP. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with CDP to prevent or remedy any unauthorized use. In addition, you may not use CDP’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).
12. PERSONAL AND NON-COMMERCIAL USE LIMITATION
CDP’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without CDP’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to CDP’s website(s), unless expressly permitted by these terms.
13. PROPRIETARY INFORMATION
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by CDP (the "Content") is the proprietary information of CDP or the party that provided or licensed the Content to CDP whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of CDP, except that you may print out a copy of the Content solely for your personal use, and you may re-post content and up to one hundred (100) words of text related to such content provided (i) such re-post provides a right of attribution to CDP (ii) the re-post promotes the content. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates CDP’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
From time to time, the website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of CDP’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the website.
14. LINKS TO THIRD-PARTY WEBSITES
This site may link to other sites which are not maintained by, or related to, CDP. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or CDP. CDP has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and CDP makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You expressly hold CDP harmless from any and all liability related to your use of a third-party website. CDP provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by CDP of that site or any association with its operators.
15. USE OF COMMUNICATION SERVICES
CDP’s websites may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication or publication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using CDP’s Communication Services.
When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
Advocates illegal activity or discusses an intent to commit an illegal act; Is vulgar, obscene, pornographic, or indecent;
Does not pertain directly to this site;
Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
Violates any law or may be considered to violate any law;
Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
Solicits funds, advertisers or sponsors;
Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
Includes MP3 format files;
Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site;
or
Contains hyper-links or references to other sites that contain content that falls within the descriptions set forth above.
CDP reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. CDP reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. CDP also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither CDP nor any third party that provides Content to CDP will assume or have any liability for any action or inaction by CDP or such third party with respect to any submission. CDP cautions you against giving out any personally identifying information about yourself in any Communication Service. CDP does not control or endorse the content, messages or information found in any Communication Service and, consequently, CDP specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CDP spokespersons, and their views do not necessarily reflect those of CDP.
16. SUBMISSIONS
Unless you and CDP enter into a separate written contract for use of your Content that states otherwise, you hereby grant to CDP the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to CDP through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. CDP will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future CDP operations.
CDP will treat any personal information that you submit through this site in accordance with its Privacy Policy.
17. DISCLAIMER
CDP makes no guarantees regarding the results that you will see from using the information provided on the website.
The website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the website. CDP makes no representations, warranties, or guarantees. You understand that results may vary from person to person. CDP assumes no responsibility for errors or omissions that may appear on the website.
You understand that CDP cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. CDP does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by CDP.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CDP DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CDP DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CDP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CDP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT CDP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. CDP MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and CDP does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
18. TERMINATION OR RESTRICTION OF ACCESS
CDP reserves the right, in its sole discretion, to terminate your access to any or all of CDP’s websites and the related services or any portion thereof at any time, without notice.
19. TRADEMARKS AND COPYRIGHTS
The trademarks, trade names, service marks, and logos ("Trademarks") appearing on this Website, including without limitation CASTING DEPOT PLATFORM, CASTING DEPOT AND PINK NOISE MEDIA® and/or their distinctive logos. All other content on this Website ("Copyrights"), including all page headers, custom graphics, button icons, and scripts are copyrighted works of CDP, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CDP. From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of CDP. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.
All contents of CDP’s websites are: Copyright © CASTING DEPOT PLATFORM, INC. All rights reserved.
20. COPYRIGHT INFRINGEMENT
Notice and Takedown Procedure
CDP expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide CDP’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).
Upon receipt of a valid notice, CDP will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
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 owner or authorized to act on the copyright owner’s behalf.
Be aware that a notice must contain all six points for CDP to take action. All other notices will be ignored.
Designated Agent: Jacob Prudhomme
CDP’s Designated Agent can be can be contacted at:
401 Park Ave S
New York, NY 10016
718-644-4704
Counter-Notification Procedure
The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with CDP please provide CDP’s Designated Agent (listed above) with the following information (preferably via email):
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 to it was disabled;
Your name, address, and telephone number;
The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
Your signature, in physical or electronic form.
Upon receipt of a counter-notification containing all six points, CDP will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that CDP will replace the removed material or cease disabling access to it in 10 business days.
Finally, if CDP’s Designated Agent receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then CDP will once again remove the file from its system.
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, CDP will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures.
It is CDP’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that CDP determines are reasonable under the circumstances.
21. SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). CDP will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that CDP considers insecure, CDP will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CDP reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. CDP reserves the right to investigate suspected violations of these Terms of Use.
CDP reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction CDP to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CDP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CDP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CDP OR LAW ENFORCEMENT AUTHORITIES.
22. MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of New York and Delaware, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York and Delaware in connection with any dispute between you and CDP arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in the Southern District of New York and Delaware.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CDP as a result of this agreement or use of CDP’s websites.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and CDP with respect to CDP’s websites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Terms of Use may not be assigned by you without our prior written consent, however, the Terms of Use may be assigned by us in our sole discretion.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
CDP may revise these Terms of Use at any time by updating this posting.