1. Your Acceptance
By using and/or visiting this website (collectively, including all Content available through the AvaLiving.com and/or by reference at AvaLiving.net domain name(s), the "Ava Living Website", or "Website"), you signify your assent to both these terms and conditions (the "Terms of Service") and the terms and conditions of Ava Living's Privacy Notice, which are published at http://www.AvaLiving.com/privacy and which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Ava Living Website.
2. Ability to Accept Terms of Service
You affirm that you are: more than 18 years of age; or, an emancipated minor; or, possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
You agree to defend, indemnify and hold harmless Ava Living, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Ava Living Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Ava Living Website.
4. Ava Living Website
5. Website Access
A. Ava Living hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Ava Living's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create a profile. You may never use another's profile without permission. When creating your profile, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your profile, and you must keep your profile password secure. You must notify Ava Living immediately of any breach of security or unauthorized use of your profile. Although Ava Living will not be liable for your losses caused by any unauthorized use of your profile, you may be liable for the losses of Ava Living or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including but not limited to, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the Ava Living servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Ava Living grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ava Living reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including profile names, from the Website.
6. Intellectual Property Rights
The content on the Ava Living Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Ava Living, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Ava Living reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Ava Living Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Ava Living Website or the Content therein.
7. User Submissions
A. The Ava Living Website may now or in the future permit the submission of content or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Ava Living does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ava Living to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Ava Living, you hereby grant Ava Living a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Ava Living Website and Ava Living's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Ava Living Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Ava Living Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Ava Living Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ava Living all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Ava Living or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Ava Living does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Ava Living expressly disclaims any and all liability in connection with User Submissions. Ava Living does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Ava Living will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Ava Living reserves the right to remove Content and User Submissions without prior notice. Ava Living will also terminate a User's access to its Website, if they have been determined to be repeat infringements. Such activity is defined as a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Ava Living also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length or size. Ava Living may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the Ava Living Website, you will be exposed to User Submissions from a variety of sources, and that Ava Living is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ava Living with respect thereto, and agree to indemnify and hold Ava Living, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
E. Ava Living reserves the right to discontinue any aspect of the Ava Living Website at any time.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ava Living without restriction.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AVA LIVING WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AVA LIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AVA LIVING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AVA LIVING WEBSITE.
10. Limitation of Liability
IN NO EVENT SHALL AVA LIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AVA LIVING WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT AVA LIVING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE THAT AVA LIVING SHALL NOT BE LIABLE FOR ANY INFORMATION RELIED UPON FROM "DESIGNERS" AS DEFINED BY THE AVA LIVING WEBSITE, WHETHER SUCH INFORMATION IS RECEIVED VIA THE WEBSITE OR NOT, AND THAT THE RISK OF HARM FROM RELYING UPON SUCH INFORMATION RESTS ENTIRELY WITH YOU. AVA LIVING INC. IS NOT AN INTERIOR DESIGN FIRM AND IS NOT AN INTERIOR DESIGNER. AVA LIVING DOES NOT ENDORSE OR SCREEN THE QUALIFICATIONS OR LICENSES OR ANY OF THE PARTICIPANTS OR USERS OF THIS WEBSITE. AVA LIVING IS A SOCIAL NETWORKING WEBSITE THAT PROVIDES AN OPEN FORUM FOR INDIVIDUALS FROM VARIOUS PARTS OF THE WORLD TO SHARE THEIR IDEAS WITH PEOPLE WHO ARE INTERESTED IN THE FIELD OF INTERIOR DESIGN IN A COMMON FORUM.
The Website is controlled and offered by Ava Living from its facilities in the United States of America. Ava Living makes no representations that the Ava Living Website is appropriate or available for use in other locations. Those who access or use the Ava Living Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree that: (i) the Ava Living Website shall be deemed solely based in California; and (ii) the Ava Living Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Ava Living, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Ava Living that arises in whole or in part from the Ava Living Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at http://www.AvaLiving.com/privacy and any other legal notices published by Ava Living on the Website, shall constitute the entire agreement between you and Ava Living concerning the Ava Living Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Ava Living's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Ava Living reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Ava Living Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND AVA LIVING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AVA LIVING WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Ava Living Website any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Ava Living Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the Accounts for repeat infringements as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Ava Living Copyright Policy for more information on how to report infringement of your copyright.
13. Repeat Infringement Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to have repeatedly infringed Ava Living's Copyright Policy. The Company may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. User Disputes
You are solely responsible for your interactions with other Ava Living users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Website and/or prohibit you from using or accessing the service or the Website (or any portion, aspect or feature of the service or the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
17. The Information We Collect
When you visit the Website you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and the Website use information collected by us as you interact with our Website.
When you register with the Website, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, and any other personal or preference information that you provide to us. When you enter the Website, we collect your browser type and IP address. This information is gathered for all Ava Living visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to the Website. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
When you use the Website, you may set up your profile, become friends and/or fans, send messages, perform searches and queries, form groups, set up events, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list.
You post User Content on the Website at your own risk. Although in some cases we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Website will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.
Any improper collection or misuse of information provided on Ava Living is a violation of the Ava Living Terms of Service and should be reported to privacy@AvaLiving.com.
Ava Living may collect information about you from other sources, such as blogs, messages, and other users of the Ava Living service through the operation of the service in order to provide you with more useful information and a more personalized experience.
By using Ava Living, you are consenting to have your personal data transferred to and processed in the United States.
18. Use of Information Obtained by Ava Living
When you register with the Website, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people on the Website as specified in your privacy settings to enable you to connect with people on the Website. We may occasionally use your name and email address to send you notifications regarding new services offered by Ava Living that we think you may find valuable.
Profile information is used by Ava Living primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings.
Profile information you submit to Ava Living will be available to users of the Website. Your name and profile picture thumbnail will be available in search results across the Website and those limited pieces of information may be made available to third party search engines.
Ava Living may send you service-related announcements from time to time through the general operation of the service.
Generally, you may opt out of such e-mails under My Profile - Edit Profile - Account Settings, though Ava Living reserves the right to send you notifications about your profile even if you opt out of all voluntary email notifications.
Ava Living may use information in your profile without identifying you as an individual to third parties.
19. Changing or Removing Information
Access and control over most personal information on the Website is readily available through the profile editing tools. Website users may modify or delete any of their profile information at any time by logging into their profile. Information will be updated immediately. Individuals who wish to deactivate their Website profile may do so on the My Profile page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of Ava Living. Where you make use of the communication features of the service to share information with other individuals on the Website, however, (e.g., sending a personal message to another Ava Living user) you generally cannot remove such communications.
Ava Living takes appropriate precautions to protect our users' information. Your profile information is located on a secured server behind a firewall. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of Ava Living Website, please contact us at privacy@AvaLiving.com.
22. Contacting the Website
Ava Living Copyright Policy
Date of Last Revision: September 18, 2007
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the profiles of those who repeatedly infringe upon the Digital Millennium Copyright Act.
A. Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the Ava Living Website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works at a single online Website are covered by your notification, you may provide a representative list of such works at that Website.
2. Identify the URL or other specific location on the Ava Living Website or service 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 alleged infringing material.
3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
4. Include 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.
5. Include 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 copyright owner's behalf.
6. Include your name, mailing address, telephone number and e-mail address.
You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by fax, mail, or e-mail as set forth below:
Ava Living Designated Copyright Agent
Ava Living, Inc.
110 West Ocean Blvd, Suite 903
Long Beach, California 90802
Fax: (562) 683-2650
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our Website and/or service is copyright infringing. Filing a false form on this page constitutes perjury.
Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section 23A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged violator of your claim. We also will advise the alleged violator of the DMCA statutory Counter Notification procedure described below in Section 23B by which the alleged violator may respond to your claim and request that we restore this material.
B. Counter Notification
If you believe your own copyrighted material has been removed from our Website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
2. 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, for any judicial district in which the service provider may be found.
3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
4. Your name, address and telephone number.
5. 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.
6. Your physical or electronic signature. You may submit your Counter Notification by sending it to our Designated Agent by fax, mail, or e-mail as set forth below:
Ava Living Designated Copyright Agent
Ava Living, Inc.
110 West Ocean Blvd, Suite 903
Long Beach, California 90802
Fax: (562) 683-2650
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement 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 materially 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. Filing a false form on this page constitutes perjury.