Unizin Order Tool - EULA
Last updated: March 03, 2020
This End User License Agreement (“EULA” or “Agreement”) is a binding agreement between Unizin, Ltd (“We,” “Us,” or “Unizin”) and you. We are providing you with access to digital versions of certain textbooks and course materials (“Digital Course Materials”) via the Order Tool Platform software, which enables you to access and use Digital Course Materials via its online applications and offline applications (collectively the “Order Tool Platform” or “Software”) via one or more personal computers or electronic devices as set forth in this Agreement. Your use of the Order Tool Platform and your subscription to the Digital Course Materials are subject to the following terms and conditions. Please read these terms and conditions carefully.
THE TERMS AND CONDITIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (EULA) GOVERN YOUR USE OF THE ORDER TOOl PLATFORM. BY CHECKING THE “I AGREE” BOX, YOU ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE ORDER TOOL PLATFORM.
General overview:
You do not own these materials. You have been provided with a limited license to use them, much like borrowing a library book. In the same way that you cannot sell or loan a library book to someone else, you cannot sell or loan an electronic or paper copy of these materials to anyone else;
You have access to Digital Course Materials both online and offline via your own computer(s) and other electronic reading devices;
You may print paper copies of the course materials for your own personal use only;
You may upload instructional content into the Order Tool Platform that you have personally created or for which you have the right to do so, and you accept full legal responsibility for obtaining necessary permissions and/or copyright clearance for using such materials as required by law;
You may not share the Digital Course Materials, paper copies of this same material, or access to the Order Tool Platform with any other person; and
You are not permitted to use the Order Tool Platform or Digital Course Materials in any way that violates any federal, state, local or other laws.
The terms in (a) through (f) above serve as a general overview of this Agreement only and do not supersede any of the other terms in this Agreement. Your access to and use of the Order Tool Platform and Digital Course Materials is governed by the terms and conditions set forth below.
Agreement Details:
1. Grant of License and Scope of Use.
Subject to the terms and conditions of, and your compliance with, this Agreement, Unizin, Ltd grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Order Tool Platform and the Digital Course Materials to which you subscribe. Digital Course Materials are owned by their respective Publishers (“Publishers”) and/or Authors (“Authors”). Publishers, Authors, and other owners of Digital Course Materials are third party beneficiaries of this Agreement and have full rights to enforce any and all provisions of this Agreement.
You acknowledge that your access to and use of the Order Tool Platform and Digital Course Materials are contingent upon an existing agreement between your institution and Unizin, Ltd. For example, if your institution is no longer a customer of Unizin, Ltd, your use of and access to the Order Tool Platform and Digital Course Materials will be terminated. In addition, you acknowledge that we are not responsible for the unavailability or limited access to or use of the Order Tool Platform or Digital Course Materials due to events that are beyond our reasonable control, including, but not limited to, changes in terms by Publishers, Publishers restricting or limiting your access to content, defects in the Digital Course Materials, or Force Majeure events (as defined below). You further acknowledge that we are not responsible or liable for any issues or matters related to or arising out of the Digital Course Materials.
You also acknowledge that when you print any Digital Course Materials from the Order Tool Platform, to the extent permitted by Publishers, these printed copies are watermarked and will identify you.
In addition, you may:
Upload educational, course-related content into the Order Tool Platform that you have personally created or for which you have the right to upload, and you accept full legal responsibility for obtaining any necessary permissions and/or copyright clearance for using such materials as required by law;
Print and/or copy and paste digital pages of the Digital Course Materials only for your personal, noncommercial use and reference in connection with your course work;
Personalize the Digital Course Materials and digital materials displayed in the Order Tool Platform by adding personal notes, bookmarks, highlights, and annotations (collectively, “Markups”) in these materials; and
Share your Markups with others in your class(es) using sharing features within the Order Tool Platform.
You also agree to permit:
Your institution to share your de-identified Markups with other students and instructors outside of your class section. You may opt to not have your Markups on the Digital Course Materials shared with others by selecting the appropriate sharing options/applications within the Order Tool Platform;
Unizin, Ltd to review de-identified data to evaluate and enhance the Order Tool Platform, and Unizin, Ltd to share de-identified data with institution faculty teaching your courses, other institutional researchers, or the Digital Course Materials owners to the extent approved by your institution's Institutional Review Board, for (i) the institution's research purposes, or (ii) for the purpose of improving the content of the Digital Course Materials; and
Unizin, Ltd to review de-identified data to ensure you are abiding by our internal Digital Rights Management policies. If there are instances that portray, in our sole judgment, a potential misuse of the Digital Course Materials or the Order Tool Platform, then Unizin, Ltd may analyze your data at the specific user account level. Should further investigation or corrective action be required to address any potential or actual misuse of the Digital Course Materials or the Order Tool Platform, Unizin, Ltd may share relevant user-specific information with your associated institution, the Digital Course Materials owner (e.g. Publisher), and agencies who assist in the interpretation and enforcement of law.
The foregoing sets the minimum level of conduct that we expect from users of the Order Tool Platform and Digital Course Materials. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to access or use the Order Tool Platform and Digital Course Materials if you violate this Agreement or otherwise Order Tool in conduct we deem offensive.
2. Restrictions.
2.1 Personal Use Only. You agree that the Order Tool Platform and Digital Course Materials are provided for your own personal use and that you will not share your password to the Order Tool Platform with any other person, nor will you share, sell, or otherwise transfer any Digital Course Materials, any printed portions thereof, or copies of print-on-demand versions of Digital Course Materials (“Print on Demand Units”) with any other person except as otherwise expressly permitted herein. The rights being granted to you are personal in nature to you and may not be transferred or otherwise assigned to anyone else. In addition, you will not share, sell, or otherwise transfer, or make print or electronic copies of any portions of any Digital Course Materials or Print on Demand Units for anyone other than yourself to use except as permitted herein, nor will you employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce the content of Digital Course Materials.
2.2 Prohibited Activities. When accessing or using the Order Tool Platform and Digital Course Materials, you agree to refrain from doing any of the following:
violating applicable federal, state and international laws;
accessing or using the Order Tool Platform to harm others;
modifying, making derivative works of, disassembling, decompiling, reverse engineering, reproducing, distributing, or republishing any part of the Order Tool Platform;
interfering with others’ access to or use of the Order Tool Platform;
accessing or using the Order Tool Platform to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Order Tool Platform;
modifying, removing, deleting, augmenting, adding to, publishing, transmitting, participating in the transfer or sale of, marketing, creating derivative works from, or in any way exploiting any of the content of the Digital Course Materials;
accessing or using the Order Tool Platform to create a false identity or to impersonate another person; and
accessing or using the Order Tool Platform to advertise Internet sites or services.
2.3 Uploaded Materials Limitations. You agree that materials that you upload into the Order Tool Platform are restricted to legitimate educational content for the courses in which you are, or have been, enrolled and which utilize the Order Tool Platform for course content delivery. We reserve the exclusive right to limit the storage size or timeframe for which user-uploaded files are stored in the Order Tool Platform.
3. Ownership.
Ownership of and all copyright and other proprietary rights in the Order Tool Platform and Digital Course Materials shall at all times remain vested in Unizin, Ltd and, where applicable, the Publishers and Authors of the Digital Course Materials. Your access to and use of the Order Tool Platform and Digital Course Materials does not give you any ownership or proprietary rights in the Order Tool Platform or Digital Course Materials; rather, you only have a limited right to access and use the Order Tool Platform and Digital Course Materials as outlined in this Agreement.
The content of Digital Course Materials is published by their respective Publishers and shall be owned by their respective Publishers and Authors. You acknowledge and agree that the Order Tool Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Order Tool Platform under this Agreement or any other rights thereto other than to access and use the same in accordance with the license granted herein, and is subject to all terms, conditions, and restrictions under this Agreement. You agree that Unizin, Ltd may, without limitation and for no compensation, use in any manner all comments, suggestions, complaints and other feedback you provide relating to the Order Tool Platform and any and all such comments, suggestions, complaints or other feedback shall be owned by Unizin, Ltd.
4. Intellectual Property.
4.1 Order Tool Platform. You acknowledge and agree that Unizin, Ltd owns any and all intellectual property rights, title, and interest in and to the Order Tool Platform. The graphics, logos, page headers, button icons, scripts, and service names appearing on the Order Tool Platform are protected trademarks, trade dress or other rights of Unizin, Ltd and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits Unizin, Ltd or the other owner(s) of their rights. You shall not sublicense, assign, sell, lease or otherwise transfer or convey, or pledge as security or otherwise encumber your rights to access or use the Order Tool Platform under this Agreement.
4.2 Digital Course Materials and Related Print Materials. You agree that the contents of the Digital Course Materials (and their print versions) are protected by copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the “IP Rights”) belonging to the various Publishers and Authors whose books, articles, cases or other content are being made available to you as Digital Course Materials, and that these IP Rights are protected in all forms, media, technologies, existing now or hereinafter developed. Where applicable, the content of the Digital Course Materials are copyrighted works of their respective Publishers and/or Authors and these Publishers and/or Authors reserve all rights in and to the content of the Digital Course Materials.
4.3 Use of Digital Course Materials and/or their Print Versions. You agree that you do not become the owner of the Digital Course Materials (and any related print versions) or Print on Demand Units, but you have a limited license to access and use them for your educational or personal use only and in accordance with the provisions of this Agreement. You will not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the Digital Course Materials, in whole or in part, except as expressly permitted by this Agreement or as permitted by the fair use privilege under the U.S. copyright laws (see 17 USC Section 107).
4.4 To the fullest extent not prohibited by applicable law, you acknowledge and agree that you waive any and all rights to bring any class actions with respect to the Order Tool Platform, any of the Digital Course Materials (digital or print) or the providing or receiving of any course materials against Unizin, Ltd, Digital Course Materials owners (e.g., Publishers and/or Authors), or their successors and assigns and waive any and all rights to join in any action against Unizin, Ltd, Digital Course Materials owners, or their successors and assigns.
5. Use of Your Account.
You agree to promptly notify us of any known or suspected unauthorized access(es) to or use(s) of your account for the Order Tool Platform, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Send notifications of breach of security to security@unizin.org. We shall not be liable for any loss or damage resulting from your failure to safeguard your password and account or any access to your account by a third party.
6. Enforcement of These Terms.
Except as expressly permitted in this Agreement, any other access to or use of the Order Tool Platform or the Digital Course Materials violates the terms and conditions of this Agreement and is strictly prohibited. We reserve the right to pursue our legal and other rights against violators to the full extent permitted under applicable state and federal laws. In addition, you agree that Unizin, Ltd has the right, without liability to you, to disclose any data and/or account information to law enforcement authorities, government officials, and/or a third party, as Unizin, Ltd believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Unizin, Ltd’s right to cooperate with any legal process relating to your access to or use of the Order Tool Platform, and/or a third party claim that your access to or use of the Order Tool Platform is unlawful and/or infringes such third party’s rights).
7. Privacy.
Your access to and use of the Order Tool Platform and Digital Course Materials is subject to our Privacy Policy, which is hereby incorporated in this Agreement.
8. Withdrawal or Removal of Features of the Order Tool Platform or Digital Course Materials.
Unizin, Ltd has the right to withdraw or remove features of the Order Tool Platform at any time, and without prior notice to you, including your ability to print, download, or access any existing or new Digital Course Materials, with or without refunds or price adjustments, at our sole discretion. In addition, Unizin, Ltd, Publishers or other owners of Digital Course Materials have the right to withdraw or remove any portions of the content of the Digital Course Materials at any time, and without prior notice to you, and may restrict or otherwise place limits on the number of concurrent downloaded copies of the Digital Course Materials you may access or use, or the number of concurrent access points (e.g., devices or applications) through which you may access or use the Digital Course Materials.
9. Indemnification.
Notwithstanding any other term of this Agreement or any act or failure to act by Unizin, Ltd, Publisher(s), or Author(s), you agree to indemnify, defend and hold harmless Unizin, Ltd, its affiliates, successors and assigns and each of their respective officers, directors, employees, representatives and agents from and against any damages, liabilities, costs and expenses (including attorneys' fees), claims or demands, arising out of (a) your infringement, misappropriation or violation of the rights of any third party; (b) your violation of any Applicable Law; and/or (c) your breach of this Agreement.
10. Termination.
This Agreement is effective until terminated. Unizin, Ltd reserves the right to terminate this Agreement at any time, and without notice to you, if you fail to comply with any term or condition in this Agreement. We also reserve the right in our sole discretion to terminate your access to or use of the Order Tool Platform at any time for any reason. In the event that Unizin, Ltd terminates for any reason your access to or use of the Order Tool Platform, no refund of any fees will be made to you. Upon termination, for any such reason, your right to access and use the Order Tool Platform, and all associated license rights, shall immediately terminate, and you shall cease having access to the Order Tool Platform and the Digital Course Materials and will have no further rights to use the Order Tool Platform and Digital Course Materials. You must immediately delete all previously downloaded course materials and destroy all hard copies of said materials. Termination of your right to access or use the Order Tool Platform shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Unizin, Ltd.
11. Choice of law.
This agreement and the relationship between you and Unizin, Ltd will be governed by the laws of the State of Texas, without regard to its conflict of law provisions.
12. Disputes.
Any disputes arising out of or related to this Agreement shall be brought only in courts of competent jurisdiction in the State of Texas, following good-faith efforts by the parties to negotiate a resolution. You hereby submit to the sole and exclusive jurisdiction of such courts and waiving the objection to the propriety or convenience of such venues.
13. Additional Terms.
13.1 Entire Agreement. This Agreement supersedes all other agreements, warranties, or representations with regard to your access to or use of the Order Tool Platform. Unizin, Ltd may amend the terms of this Agreement at any time in its own discretion.
13.2 Force Majeure. Performance of the Order Tool Platform may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like (“Force Majeure Events”). Unizin, Ltd shall not be liable to you for any interruptions, delays, or diminished performance resulting from any Force Majeure Event.
13.3 Disclaimer of Warranties_._ THE DIGITAL COURSE MATERIALS, THE Order Tool PLATFORM AND ITS CONTENTS (AS WELL AS ANY SERVICES THAT MAY BE PROVIDED IN CONNECTION WITH THE SOFTWARE, INCLUDING ANY SUPPORT) ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS OR DELAYS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT YOUR ACCESS TO OR USE OF THE Order Tool PLATFORM AND ANY MATERIAL OR DATA OBTAINED THROUGH THE ACCESS OR USE OF DIGITAL COURSE MATERIALS IS ENTIRELY AT YOUR OWN RISK AND YOUR ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE FROM SUCH ACCESS OR USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNIZIN, LTD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Order Tool PLATFORM,ANY RELATED SERVICES, AND ANY THIRD PARTY SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (EVEN IF Unizin, Ltd HAS BEEN MADE AWARE OF SUCH PURPOSE), ALL IMPLIED WARRANTIES OF TITLE, AND ALL WARRANTIES OF NON-INTERFERENCE, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY OR ACCURACY. WITHOUT LIMITING THE FOREGOING, UNIZIN, LTD DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE Order Tool PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE Order Tool PLATFORM OR DIGITAL COURSE MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNIZIN, LTD OR AN AUTHORIZED REPRESENTATIVE OF UNIZIN, LTD SHALL CREATE ANY WARRANTY. YOU AGREE THAT, FROM TIME TO TIME, UNIZIN, LTD MAY REMOVE THE Order Tool PLATFORM FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Order Tool PLATFORM AT ANY TIME. UNIZIN, LTD SHALL NOT BE LIABLE FOR ANY ISSUES OR MATTERS RELATED TO OR ARISING OUT OF THE DIGITAL COURSE MATERIALS OR FOR ANY ISSUES OR MATTERS RELATED TO OR ARISING OUT OF THE PERFORMANCE OR OPERATION OF THE DIGITAL COURSE MATERIALS OR THIRD PARTY SOFTWARE/CONTENT.
IN ADDITION, NEITHER PUBLISHERS NOR THEIR LICENSORS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO ANY DIGITAL COURSE MATERIALS OR THE INFORMATION THEREIN OR ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM, ACCESSING OR USING THE DIGITAL COURSE MATERIALS CONTENT, OR ANY MATERIAL REFERENCED IN SUCH CONTENT OR ANY INFORMATION ENTERED INTO DIGITAL COURSE MATERIALS BY YOU OR OTHER PERSONS AND/OR ANY MATERIAL AVAILABLE ON OR THAT CAN BE ACCESSED OR USED THROUGH THE Order Tool PLATFORM (INCLUDING VIA ANY HYPERLINK OR OTHERWISE) OR AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS. ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED. ANY MATERIAL OR DATA OBTAINED THROUGH ACCESS OR USE OF THE DIGITAL COURSE MATERIALS AND RELATED CONTENT IS AT YOUR OWN DISCRETION AND RISK AND YOU UNDERSTAND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
13.4 Limitations of Liability_._ TO THE FULLEST EXTENT ALLOWED BY LAW, UNIZIN, LTD, PUBLISHERS, AND AUTHORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM ACCESS TO OR USE OF THE Order Tool PLATFORM OR THE DIGITAL COURSE MATERIALS, INCLUDING BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE Order Tool PLATFORM, ERRORS OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING INFORMATION; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF UNIZIN, LTD FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO $50 USD ONLY.
13.5 Export Control. You may not access or use or otherwise export or re-export the Order Tool Platform except as authorized by any applicable United States or non-U.S. laws and regulations. Specifically, and without limiting the foregoing, the Order Tool Platform may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List, unless you have first obtained any required license from, as applicable, the U.S. Treasury Department, the U.S. Department of Commerce and/or other applicable U.S. Federal governmental authority(ies). By accessing or using the Order Tool Platform, you represent and warrant that you are not located in any such country and do not appear on, and are not controlled by any person on any such list. You also agree that you will not access or use the Order Tool Platform for any purposes prohibited by United States or non U.S. laws or regulations.
13.6 Government End Users. If you are acquiring a license to access or use the Software on behalf of the U.S. Government, the following provisions apply. The Software is a “Commercial Item” as defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as used in 48 C.F.R. §12.212 and 48 C.F.R. §227-7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 48 C.F.R. §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government end users (i) only as Commercial Items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
13.7 Severability. To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of this Agreement.
13.8 No Waiver. Failure by Unizin, Ltd to exercise or enforce any of its rights under this Agreement shall not be deemed to be a waiver by it of any such right nor operate to bar the exercise or enforcement thereof or of any other right on any other occasion.
13.9 Infringing Material/Digital Millennium Copyright Act Compliance. If you have any copyright concerns about any materials posted or made available to you via the Order Tool Platform, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (see 17 U.S.C. Section 512). Please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:
Designated Agent:
Assurance officer PO Box 41210 Austin, TX 78704
To be effective, the Notice must include the following information:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”), of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit Unizin, Ltd or its designee to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Order Tool Platform (“Infringing Material”), and information reasonably sufficient to permit Unizin, Ltd to locate such material on the Order Tool Platform;
Identification of the protected work claimed to have been infringed upon (“Infringed Material”), or if multiple protected works are covered by a single Notice, a list of each protected work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites (including the Order Tool Platform), electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under penalty of perjury, that you 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; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
13.10 Updates. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Agreement at any time. When we do, we will update the “Last Updated” date at the bottom of this Agreement. You are responsible for regularly reviewing this Agreement and any additional terms posted for the Order Tool Platform. Your continued access or use of the Order Tool Platform following the posting of changes to this Agreement constitutes your agreement to any such changes.
13.11 Contact. Direct all feedback, comments, requests for technical support and other communications relating to the Order Tool Platform to info@unizin.org.
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