Last revised on February 15, 2012
Note! You are concluding a Legally Binding Agreement.
By accessing, viewing, downloading or otherwise using Latique or any webpage or feature available through Latique, any information provided as part of the Latique services, or any related emails, newsletters or services (hereinafter collectively “Latique” or the “Services”), or by completing the online registration process, or by registering offline (i.e. by phone, email, fax, etc.), you conclude a legally binding agreement with Latique, P.O. Box 595164, Dallas, Texas 75359-5164, USA (“we”) based on the terms of this Latique User Agreement (“Agreement”) and become a Latique user (“User”). If you are using Latique on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT complete the registration process, and do not access, view, download or otherwise use any Latique webpage, information or services.
We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
- DOs and DON’Ts
- Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content
- Other Notices
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform Latique in the event that any such information has changed since your registration with Latique and, if appropriate, you agree to make such modifications yourself to your profile.
Prior to joining Latique, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of Latique Users and to Latique and you must not communicate to Latique and its Users any information the dissemination of which could be harmful to you.
Iventory Postings Requirement Latique requires that you have no less than 20 inventory postings at any given time during the course of your membership. Latique reserves the right to remove your profile with all existing content and inventory in the event the 20 postings requirement is not met.
Inventory Guidelines Requirement Latique accepts all inventory items generally described as traditional antiques, fine art, and classic decor dating from the 18th century to early 20th century. Latique reserves the right to remove any and all inventory postings that, in Latique's opinion, date later that 1930.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Latique; (c) are not a direct competitor of Latique; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Latique, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (firstname.lastname@example.org), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Latique account or any information therein to another party or charging anyone for access to any portion of Latique, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Latique or (c) any activity in which you engage on or through the Latique.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, yearly recurring fees for accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Membership Services: If you have access to any of Latique’s Membership Services, this User Agreement applies to your use of such services.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Latique account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
Forums/Blogs/Chat Rooms: Latique may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Latique cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. LATIQUE AND THE LATIQUE AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Export Control: Your use of Latique services, including its software, is subject to export and reexport control laws and regulations, including the the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Your Rights — What You May Do
Our Rights and Obligations — What We Must And May Do
The purpose of Latique is to serve as a comprehensive antique resource and related business directory, and to provide a service to facilitate networking among Users throughout the world. It is intended that Users connect to other Users and seek to further develop a business relationship with those Users.
For as long as Latique continues to offer services, Latique shall provide (and seek to update, improve and expand, in similar and different new ways) the Latique platform and service with the purpose of providing all members with business networking connectivity, through Latique’s proprietary tools, rules and protocols which Latique may update, improve, discontinue and change at any time, at Latique’s sole discretion.
Any other use of Latique (such as using Latique as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
We allow you to access Latique as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Latique, partially or entirely, or to charge and modify prices for Latique. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Latique and all related items.
Latique reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Latique has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Latique may include or automatically produce links to third party web sites (“Third Party Sites”). Latique is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Latique may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Latique and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Latique or relating to any applications you use or install from the site.
Latique enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by Latique and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Latique, the Latique Affiliates, its Users and the public.
Latique may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
You are solely responsible for your interactions with other members. Latique reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Latique determines, in its sole discretion, that doing so is prudent.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON LATIQUE, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR LATIQUE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY LATIQUE OR ANYTHING RELATED TO LATIQUE, YOU MAY LEAVE LATIQUE AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
LATIQUE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH LATIQUE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
LATIQUE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY ; THEREFORE, LATIQUE DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
LATIQUE DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. LATIQUE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, LATIQUE DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE LATIQUE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO LATIQUE.
Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Latique nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Latique Affiliates”) shall be liable for (1) any damages in excess of two times the most recent yearly fee that you paid for a membership account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Latique even if Latique is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
- apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
- not apply to any damage that Latique Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
You may terminate this Agreement, for any or no cause, at any time, with notice to Latique which shall be effective upon Latique processing such notice. Latique may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Membership Services may be terminated only by Latique or the party paying for such services. Termination of your Latique account includes disabling your access to Latique (including any content you submitted or others submitted) and may also bar you from any future use of Latique.
In furtherance and without limiting the foregoing, Latique has adopted a policy of terminating, in appropriate circumstances and at Latique’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. Latique may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Consequences of Termination
Upon termination, you lose access to Latique. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
Texas Law and Arbitration
Choice of Law: The Agreement and any disputes with us or any Latique Affiliate arising out of or relating to the Agreement or Latique (“Disputes”) shall be governed by Texas law, excluding conflicts of law principles and excluding the CISG.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Dallas, Texas, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Refundable Fee Advances for Consumers: If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to Texas would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.latique.com, and via email or any other communications means to contact information you provide to us. You may also notify us via email at email@example.com or via mail or courier at Latique, P.O. Box 595164, Dallas, Texas 75359-5164; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.latique.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Latique Affiliate shall be deemed legally binding on any Latique Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Latique.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: Latique Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Latique for any third party that assumes our rights and obligations under this Agreement.
Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
Latique User DOs & DON’Ts
As a condition to access Latique, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
- comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
- provide accurate information to us and update it as necessary;
- review and comply with notices sent by Latique concerning Latique;
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Latique (excluding content posted by you) except as permitted in the User Agreement;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Latique, or any part thereof;
- include information in your profile or in Status Updates which is confidential in nature;
- utilize information, content or any data you view on and/or obtain from Latique to provide any service that is competitive, in Latique’s sole discretion, with Latique;
- imply or state, directly or indirectly, that you are affiliated with or endorsed by Latique unless you have entered in to a written agreement with Latique;
- adapt, modify or create derivative works based on Latique or technology underlying the Services, or other Users’ content, in whole or part;
- rent, lease, loan, trade, sell/re-sell access to Latique or any information therein, or the equivalent, in whole or part;
- deep-link to the Site for any purpose, (i.e. including a link to a Latique web page other than Latique’s home page) unless expressly authorized in writing by Latique or for the purpose of promoting your profile or a Group on Latique;
- access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
- use automated methods to add contacts, send messages or other permitted activities;
- access, via automated or manual means or processes, Latique for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Latique’s website;
- attempt to or actually access Latique by any means other than through the interface provided by Latique;
- attempt to or actually override any security component included in or underlying Latique;
- engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- remove any copyright, trademark or other proprietary rights notices contained in or on Latique, including those of both Latique or any of its licensors;
- remove, cover or otherwise obscure any form of advertisement included as part of Latique;
- use any information obtained from Latique to harass, abuse or harm another person;
- collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Latique except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
- interfere with or disrupt Latique, including but not limited to any servers or networks connected to Latique, or disobey any requirements, procedures, policies or regulations of networks connected to the Latique;
- use or attempt to use another's account without authorization from the Company, or create a false identity on Latique;
- infringe or use Latique’s brand, logos and/or trademarks, including, without limitation, using the word “Latique” in any business name, email, or URL or including Latique’s trademarks and logos on any website without authorization;
- upload, post, email, transmit or otherwise make available or initiate any content that:
- falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Latique;
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Latique invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Latique to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Latique or any User of Latique;
- forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
- adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).
Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices;
Claims Regarding Copyright Infringement
Each User grants Latique a license to use the content supplied by each such User for the purposes of disclosure on the Latique website.
This license includes, inter alia, the right for Latique to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Latique and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes Latique to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Latique for any purpose other than for those purposes strictly related to use of the Latique services for personal purposes.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Latique has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Latique's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Latique's Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at firstname.lastname@example.org or by mail at:
ATTN: Copyright Agent
P.O. Box 595164
Dallas, Texas 75359-5164, USA
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Latique may remove or disable access to the material that is alleged to be infringing;
- Latique may forward the written notification to such alleged infringer; and
- Latique may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Latique's Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to Latique's Copyright Agent for Notice that includes the following information:
- A physical or electronic signature of the alleged infringer;
- 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 under penalty of perjury that the alleged infringer has 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
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Latique may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- Latique may promptly provide you with a copy of the Counter-Notification;
- Latique may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- Latique may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Latique's Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Latique's network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Notice and Procedure for Making Complaints Regarding Content
To notify Latique of Content that infringes your rights (other than copyright violations in which case please click here) or is otherwise unlawful (“Specified Content”), you must send a notice to the Latique Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
- Your name, address, telephone number, and e-mail address;
- A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
- A description of the exact location of the Specified Content on the Web Site;
- (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
- (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
- Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Latique Content Complaint Manager
Contact information for Latique's Content Complaint Manager is as follows:
ATTN: General Counsel
P.O. Box 595164
Dallas, Texas 75359-5164, USA
Latique, P.O. Box 595164, Dallas, Texas 75359-5164, USA, June 7, 2009.