Terms of Use

Terms

Thank you for using the Carpe Society social discovery and gaming platform (the “Service”) owned and operated by Carpe Company (the “Company” and “we” our” “us”). The Service may be made available through a website (the “Site”) and/or a Company mobile device application (“App”). These Terms of Use (this “Agreement”) apply to those who visit and use the Service through either the Site or an App (collectively or individually “Users”).

BEFORE VIEWING, BROWSING OR OTHERWISE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING THE APP OR VIEWING, BROWSING OR OTHERWISE USING THE SITE OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE PROVISIONS OF SECTIONS 22 AND 23 UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE SITE, APP OR SERVICE.

NOTE TO KIDS UNDER 13 YEARS OF AGE: THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the Service. Talk to your parents about what websites are appropriate for you.

1.The Basics. The Service allows you to play online games with other Service users who may have similar interests as you. Note that some of the games may involve themes which are intended for a mature audience and which may be offensive to some people.

2. Privacy Policy. The Company’s Privacy Policy, found at www.thecarpesociety.com/privacy.html is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

3. Individual Features and Services. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services, offers and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into this Agreement. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

4. Modification. We may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective with respect to existing registered Users: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

5. License to Use the App. If you have downloaded the App, then, subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to install and use the App on a compatible mobile device that you own or control for your personal, non-commercial purposes, in each case in the manner enabled by the Company. If you are using the App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. Any use of the App other than for private, non-commercial use is strictly prohibited. Use of the App requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the App.

6. Ownership; Proprietary Rights. The Service, Site and App are owned and operated by the Company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service, App and Site that are provided by Company (“Company Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Company Materials are the copyrighted property of Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third-party licensors. Except as expressly authorized by Company, you agree not to reverse engineer, decompile, disassemble, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.

7. Use.

7.1 You are responsible for any content that you submit on or through the Service, including its legality, reliability, and appropriateness. You understand that by using the Service, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for content that you submit or that other users submit. Note that content you submit to the Service includes content associated with your Facebook or other social networking account which is submitted to the Service when you sign up or log-in.

7.2 By submitting content on or through the Service, you hereby grant the company a nonexclusive right and license to use, modify, publicly perform, publicly display, reproduce and distribute your content in connection with the provision of the Service to you.

7.3 By submitting content on or through the Service, you represent and warrant that: the content is yours (you own it) or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and that the submitting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

7.4 You retain any and all of your rights to any content you submit through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for content you or any third party submits on or through the Service. We reserve the right to terminate the account of anyone found to be infringing on a copyright or who does not otherwise have sufficient rights in content submitted through the Service. We reserve the right to remove any content that, in our sole discretion, we find violates this Agreement or is otherwise objectionable.

8. Prohibited Uses.

8.1 We reserve the right to terminate your use of the Service for engaging any of the prohibited uses identified in this Section 8.

8.2 As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. Access to the Company Materials and the Service from territories where their contents are illegal is strictly prohibited. Company Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.

8.3 You may not use the Service to solicit others to perform or participate in any unlawful acts; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to collect or track the personal information of others; or for any obscene or immoral purpose.

8.4 You may not use of any Company Materials other than for private, non-commercial use.

8.5 You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not intentionally interfere with or damage the operation of the Service or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service. You may not attempt to gain unauthorized access to the Service or other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

8.6 The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

8.7 You may not utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without our express written consent.

8.8 You may not deep-link to the Site and we will promptly remove any links that Company finds objectionable in its sole discretion. You may not use any Company logos, graphics, or trademarks as part of the link without our express written consent.

8.9 You may not send to other Users any unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

8.10 You may not (and you may not authorize or encourage any third party to) reverse engineer, decompile or disassemble any software components used to provide the Service, create any derivative works of the Service, or use the Service to compete with the Company in any way.

9. Prohibited Content. You agree and covenant that any content you submit through the Service will not contain or appear to contain any of the below-listed items (collectively, “Prohibited Content”). You agree that we may refuse to publish, at our sole discretion, any content that we deem to be Prohibited Content. Repeat offenders may be barred from using the Service.

  • Explicitly profane or obscene material;

  • Endorsement (or condones) illegal drug use, alcohol abuse or other illegal activity;

  • Nudity, profanity or extreme or gratuitous violence;

  • Any express or implied commercial endorsement;

  • Any derogatory characterization of any person or group based on age, race, color, gender, gender identity and expression, sexual orientation, religious beliefs, marital status, mental or physical disability, citizenship, creed, national origin, physical appearance, political affiliation, union membership, or other unethical or unlawful factors;

  • Depictions of any conduct, language or other context deemed inappropriate by us in our sole discretion;

  • Any content that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violates any law, statute, ordinance or regulation;

  • Any content that can be deemed defamatory, trade libelous, threatening, bullying, or harassing;

  • Any content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

  • Any content that can create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

  • Any content that links directly or indirectly to any materials to which you do not have a right to link to or include.

10. Copyright. We respect the intellectual property rights of others. It is our policy to respond to any claim that content submitted through the Service infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim in accordance with our [DMCA Policy]. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through the Service on your copyright.

11. Information. You agree that any information you provide to Company in connection with the Service will be true, accurate, current, and complete. You represent that you are above the age of 18. You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or of the Service. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of a person other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene in the sole discretion of the Company.

12. User Communications. Under this Agreement, you consent to receive communications from Company electronically. We will communicate with you by email, using the email address you provide in the process of creating an account on the Service, or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. Promotional Communications. By creating an account on the Service, you agree to receive newsletters, marketing or promotional materials and other information we may send. You may opt out of any or all of these communications by following the applicable instructions provided in any communication we send to you.

14. User Service; Feedback. Please visit our Contact Us information page for further assistance.

15. Availability of Service. We may make changes to or discontinue any of the media, contests, products, or services available within the Service at any time, and without notice. The media, products, or services on the Service may be out of date, and we make no commitment to update these materials on the Service.

16. Notice. Except as explicitly stated otherwise, legal notices shall be served on our national registered agent. Notice shall be deemed given 24 hours after the notice is served.

17. Violations; Termination. You agree that the Company, in its sole discretion and for any or no reason, may terminate your use of the Service, at any time. We may also in our sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination. We do not permit copyright infringing activities on the Service, and reserves the right to terminate access to the Service, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.

18. Apple. You hereby acknowledge and agree that Apple: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iii) is not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) and its subsidiaries are each a third party beneficiary of this Agreement with the right to enforce its terms against you directly.

19. Disclaimers; No Warranties. THE SERVICE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICE, APP OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, APP OR SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

20. Indemnification; Hold Harmless. You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Service, Site or App, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

21. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICE, SITE OR APP, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE COMPANY’ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, SITE OR APP (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF TEN U.S. DOLLARS AND THE TOTAL AMOUNT OF PAYMENTS TO THE COMPANY BY YOU FOR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE OF THE CLAIM (IF ANY). THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICE.

22. Arbitration. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

23. Class Action Waiver. YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 22 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

24. Miscellaneous.

24.1 Links to Third-Party Sites. Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit

24.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law

24.3 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement, the Site or the App that is not subject to arbitration under Section 22 above shall be filed only in the state or federal courts in and for Los Angeles County, Los Angeles and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

24.4 Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

24.5 Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

24.6 Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

24.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

24.8 Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by us as set forth in Section 3 above.

24.9 Claims. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

24.10 Disclosures. The Service is operated by Carpe Company, located at PO Box 598, Santa Monica CA, 90406, email: legal@thecarpesociety.com.

Effective Date: March 24, 2015

DMCA Policy

Carpe Company (“Carpe”) respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through the Carpe Society website or mobile device application (the “Service”) without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). Carpe will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.

A. Notification of Alleged Copyright Infringement

If you believe that your work has been copied and made available through the Service in a way that constitutes copyright infringement, you may send a written document to Carpe’s Designated Agent (as set forth below) that contains the following (a “Notice”):

1. A description of the copyrighted work that you claim has been infringed.

2. Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.

3. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright.

4. 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 applicable law.

5. A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.

6. Your name, mailing address, telephone number, and email address.

Carpe’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:

Carpe Company
Attn: Legal
PO Box 598
Santa Monica, CA 90406
E-Mail: legal@thecarpesociety.com

Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by a Service user is infringing your copyright.

Upon receiving a proper Notice, Carpe will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Counter Notice Procedure

If you believe your own copyrighted material has been removed from the Service in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following:

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, the Central District of California or any other judicial district in which Carpe may be found.

  • A statement that you will accept service of process from the party that filed the Notice or the party's agent.

  • Your name, address and telephone number.

  • A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

  • Your physical or electronic signature.

If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

C. Repeat Infringer Policy

The Company may withdraw all rights and privileges relating to the Service from any user who is deemed to be a repeat infringer. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is either: (i) an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Service; or (ii) the Company has actual knowledge, regardless of any such adjudication, that the user has engaged in any such copyright infringement.

Each adjudication or instance of knowledge counts as a separate strike. If an adjudication or instance of knowledge pertains to multiple instances of copyright infringement, it can count as multiple strikes. The Company has adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.

Effective Date: March 24, 2015