You certify to Efexio that if you are an individual (i.e., not a corporation) you are at least 13 years of age. If you are between the ages of 13 and 18, you may use the Site only under the supervision of your parent or guardian. You also certify that you are legally permitted to use the Site. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this agreement, in which case the terms "you" or "your" shall refer to such entity.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, video, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed to Efexio by third parties, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property and unfair competition laws. You shall not store any significant portion of the Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Efexio, or from the copyright holder identified in such Content's copyright notice. You shall abide by all copyright and other notices and restrictions contained in any Content accessed through the Site.
You acknowledge and agree that if you contribute Content to the Site ("User Content"), you hereby do and shall grant Efexio a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so. You also hereby do and shall grant each user of the Site a nonexclusive license to use your User Content as permitted through the functionality of the Site and under this Agreement. You warrant, represent and agree that you have the right to grant Efexio the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes or violates any copyright or trademark or trade secret of another party, (b) infringes any intellectual property right or the privacy or publicity rights of another, (c) is libelous, defamatory, obscene, pornographic, harassing, hateful, offensive or otherwise violates any law or right of any third party, (d) contains a virus, trojan horse, worm, or other computer programming routine or engine intended to detrimentally interfere with any system, data or information, or (e) remains posted after you have been notified that such User Content violates any of sections (a) to (d) of this sentence.
Efexio reserves the right to remove any User Content from the Site at any time, for any reason or for no reason at all. All information transmitted through the Site is the sole responsibility of the person from whom such information originated. Efexio does not assume liability for any User Content. You are responsible for all User Content posted under your username (your "Efexio ID"), including User Content contributed by a third party under your Efexio ID. If you believe User Content residing on the Site infringes a copyright, please contact us at the address listed below.
Any feedback you provide to the Site shall be deemed to be non-confidential and the property of Efexio. Efexio shall be free to use such feedback on an unrestricted basis and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in Efexio's future services or operations.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Efexio server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Efexio, including any Efexio account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Efexio's systems or networks, or any systems or networks connected to the Site or to Efexio. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Efexio on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Other Terms and Conditions
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Efexio ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Efexio immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Efexio or any other user of or visitor to the Site due to someone else using your Efexio ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else's Efexio ID, password or account at any time without the express permission and consent of the holder of that Efexio ID, password or account. Efexio cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Third Party Sites
This Site may contain links to third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to Efexio's visitors. Such Linked Sites are not under Efexio's control, and Efexio is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.
EFEXIO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EFEXIO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EFEXIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EFEXIO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, THE EFEXIO STORE AND/OR ANY EFEXIO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EFEXIO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
YOU ACKNOWLEDGE THAT EFEXIO IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM USE OF THE SITE OR DOWNLOADING INFORMATION CONTAINED ON THE SITE. You acknowledge that Efexio has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Efexio from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Efexio makes no representations concerning any content contained in or accessed through the Site, and Efexio will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Efexio reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Efexio updates the information on this Site regularly. However, Efexio cannot guarantee or accept responsibility or liability for the accuracy, currency or completeness of the information on this Site.
Limitation of Liability
IN NO EVENT SHALL EFEXIO, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SITE FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES. EFEXIO'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF US$100.00 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Efexio, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made by any third party due to or arising out of or in connection with your use of the Site.
Efexio may disclose any information Efexio has about you (including your identity) if Efexio determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Efexio's rights or property, or the rights or property of visitors to or users of the Site, including Efexio's customers. Efexio reserves the right at all times to disclose any information that Efexio deems necessary to comply with any applicable law, regulation, legal process or governmental request. Efexio also may disclose your information when Efexio determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Efexio may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Efexio administers and operates the Site from its location in New York City, New York USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Efexio reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any feature, product or service offered on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Copyright © 2012 Efexio, Inc. All Rights Reserved.
Efexio has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) and other applicable laws. The address of Efexio's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. It is Efexio's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Efexio's advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Efexio, Inc., Attn: Legal (Copyright Agent), 208 E. 51st Street, Suite 317, New York, NY 10022, Phone: [---], containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Efexio is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Efexio's policy to remove or disable access to the infringing Content and to notify the Content provider or user that it has removed or disabled access to the Content; that repeat offenders will have the infringing Content removed from the Site and that Efexio will terminate such content provider's or user's access to the Site.
In the event that Efexio notifies you that Efexio has received proper infringement notification about your Content, you may elect to send Efexio a counter notice.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with Efexio, you must provide the following items to Efexio in writing:
- The specific URLs of material that Efexio has removed or to which Efexio has disabled access.
- your name, address, telephone number, and (if available)email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 512(c)(1)(C) of the Copyright Act or an agent of such person.
- 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."
- your signature.
Send the written communication to the following address:
208 E. 51st Street
New York, NY 10022
Attn: Legal (DMCA Counter-Notification)
After Efexio receives your counter-notification, Efexio will forward it to the party who submitted the original claim of copyright infringement. Please note that when Efexio forwards the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. Efexio will not forward the counter-notification to any party other than the original claimant.
After Efexio sends out the counter-notification, the claimant must 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 Site. If Efexio receives such notification, Efexio will not display, distribute or otherwise exploit the material. If Efexio does not receive such notification, Efexio may elect to do so.