SMART AS A FOX LLC – DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
It is the policy of Smart As A Fox LLC (‘Smart As A Fox’ ) to respond to clear notices of alleged copyright infringement. The form of notice specified below is consistent with the format suggested by the United States Digital Millennium Copyright Act (the text of which can be found at https:\\www.copyright.gov).
Smart As A Fox’™s response to a notice of alleged infringement, regardless of whether Smart As A Fox is liable for such infringement under applicable law, may include removing or disabling access to the content claimed to be the subject of infringing activity and/or terminating posting rights of the user who provided the content. If Smart As A Fox removes content or disables access to content in response to such a notice, Smart As A Fox will make a good faith effort to contact the provider of the affected content and give the provider the opportunity to make a counter notification.
Infringement Notification
To file a notice of infringement with us, you must provide a written communication (by regular mail ‘” not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’™ fees) if you materially misrepresent that content is infringing your copyrights. Therefore, if you are not sure whether material available on the smartasafox.org website infringes your copyright, Smart As A Fox suggests that you first contact an attorney.
To expedite Smart As A Fox’™s ability to process your notice, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work you allege is being infringed.
- Identify the content that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit Smart As A Fox to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit Smart As A Fox to notify the poster of the allegedly infringing content (email address is preferred).
- Include the following statement: ‘I have a good faith belief that use of the copyrighted content described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.’
- Include the following statement: ‘I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.’
- Sign the paper.
- Send the written notice to the following address: Smart As A Fox LLC, 810 7th Street NE, Washington, D.C. 20002
Counter Notification
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When Smart As A Fox receives a counter notification, Smart As A Fox may reinstate the content in question.
To file a counter notification with Smart As A Fox, you must provide a written communication (by regular mail ‘” not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’™ fees) if you materially misrepresent that content is not infringing the copyrights of others. Accordingly, if you are not sure whether the content at issue infringes the copyrights of others, Smart As A Fox suggests that you first contact an attorney.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs or other unique identifying information of content that Smart As A Fox has removed or to which Smart As A Fox has disabled access.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located (or the District of Columbia, if your address is outside of the United States), and that you will accept service of process from the person who provided the infringement notification or an agent of such person.
- Include the following statement: ‘I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.’
- Sign the paper.
- Send the written counter-notice to the following address: Smart As A Fox LLC, 810 7th Street NE, Washington, D.C. 20002
SMART AS A FOX LLC – TERMS OF SERVICE
General
Your use of the smartasafox.org website (the ‘Service’ ) is subject to the terms of this legal agreement between you and Smart As A Fox LLC (‘Smart As A Fox’ ), whose principal place of business is Washington, DC. These Terms of Service (hereinafter referred to as the ‘Agreement’ ) sets forth how the Agreement is made up and also sets forth the terms of the Agreement. This Agreement with Smart As A Fox also includes the terms of any other FAQs, rules or policies applicable to the Service or any portion thereof which are accessible for you within the smartasafox.org website, including but not limited to the Privacy Policy and the Digital Millennium Copyright Act Policy. This Agreement is a legally binding agreement between you and Smart As A Fox in relation to your use of the Service.
IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ANY RULE, POLICY OR FAQs) AT ANY TIME, YOUR SOLE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY RULE, POLICY OR FAQs, PLEASE DO NOT USE THE SERVICE. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, CONSENT TO AND AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING WITHOUT ANY LIMITATION ANY APPLICABLE RULES, POLICY OR FAQs).
Intellectual Property and Limitations on Use
In order to use the Service, you must first agree to this Agreement. You may not use the Service if you do not accept this Agreement. You can accept the terms of this Agreement a) by clicking to accept or agree to this Agreement where this option is made available to you by Smart As A Fox in the user interface for any portion of the Service, or b) by actually using the Service in which case you understand and agree that Smart As A Fox will treat your use as acceptance of this Agreement from that point onwards. You may not use the Service and may not accept this Agreement if you are not legally able to form a binding contract with Smart As A Fox or you are a person barred from using the Service under the laws of the United States. Smart As A Fox in its sole discretion may change the terms of this Agreement from time to time. The changes will appear in these Terms of Service or in the FAQs, rules or policies applicable to the Service, so be sure to check all of them periodically. Your use of the Service after any change has been posted will constitute your agreement to the modified Agreement. For purposes of this Agreement, your access of any page of the Service after your initial access of any page of the Service other than this Terms of Service or any applicable rules, policy or FAQs shall be deemed a use of the Service.
You acknowledge and agree that Smart As A Fox may stop providing the Service to you or to users generally at its sole discretion, without any prior notice to you.
You agree to use the Service only for purposes that are permitted by this Agreement and by applicable law and regulations (including but not limited to laws regarding the export of data or software to and from the United States). You agree not to access or attempt to access the Service by any means other that through the interface provided by Smart As A Fox. You further agree that you will not attempt to gain unauthorized access to the Service or any other accounts, computer systems or networks connected to the Service, through any means. You specifically agree not to access or attempt to access the Service through any automated means. You agree that you will not engage in any activity that interferes with or disrupts the Service or any network or servers connected to the Service. You agree that the Service and the Content displayed on the Service may be used only for your personal and non-commercial use and may not be edited or modified for any purpose and that you will not reproduce, duplicate, copy, sell, trade or resell the Service or any portion thereof unless explicitly permitted to do so by this Agreement, a separate agreement with Smart As A Fox, or applicable law. You agree that you will not take any action which would interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Service or violate the regulations, policies or procedures of such networks. You also agree that you shall not, except to the extent expressly permitted by this Agreement, attempt to copy, modify, duplicate, create a derivative work from, frame, mirror, republish, download, display, transmit, or distribute any portion of the Service in any form or media by any means.
You agree that you are solely responsible for any breach by you of this Agreement and for any damages that may be caused by your breach of this Agreement.
The Service and the Content appearing on the Service (the ‘Content’ ) are the property of Smart As A Fox or its licensors and is protected by copyright and other intellectual property laws. You understand and agree that the Smart As A Fox (or Smart As A Fox’™s licensors) own all legal right, title and interest in and to the Content appearing on the Service, including but not limited to intellectual property rights such as copyrights and trademarks. You agree that nothing in this Agreement gives you any right to use any of the intellectual property available on the Service, including but not limited to the copyrighted Content, trademarks, servicemarks, logos and domain names.
Disclaimers of Warranties and Limitations on Liability
There may be delays, omissions or inaccuracies in the Content provided via this Service. The Service and the Content are provided on an ‘as is’ basis without any express or implied warranties of any nature. Smart As A Fox and its affiliates, agents and licensors do not warrant the accuracy, completeness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose of the Content available through the Service and Smart As A Fox specifically disclaims and such express or implied warranties. Smart As A Fox and its affiliates, agents, and licensors will not be liable to you or anyone else for any loss or injury, caused in whole or in part by their negligence of contingencies beyond their control in procuring, compiling, reporting interpreting or delivering the Service or the Content on the Service. In no event will Smart As A Fox and its affiliates, agents, and licensors be liable to you or anyone else for any damages, including but not limited to consequential, special, indirect and incidental damages, other than direct damages, even if advised of the possibility of such damages.
Links to Third Party Sites
This Service may provide hyperlinks to web sites operated by persons and entities other than Smart As A Fox and such hyperlinks are provided only for your reference and convenience. A hyperlink from this Service to another web site does not mean or imply that Smart As A Fox endorses either the operator of the hyperlinked web site or the content on such web site. You are solely responsible for determining to extent to which you use any content on any web site to which you link from the Service and agree not to hold Smart As A Fox responsible for the content or operation of such web site. To the limited extent that a hyperlink is presented whereby you are given an opportunity to communicate with Smart As A Fox, your use of such hyperlinked web site constitutes your agreement to any terms of service, policy or the like governing such web site.
Smart As A Fox Digital Millennium Copyright Act Policy
It is Smart As A Fox’™s policy to respond to notices of alleged copyright infringement that comply with the applicable provisions of the Digital Millennium Copyright Act and to terminating the access to the Service of repeat infringers. Smart As A Fox may change the terms of the Smart As A Fox Digital Millennium Copyright Act Policy from time to time. The changes will appear in the Smart As A Fox Digital Millennium Copyright Act Policy, so be sure to check the Policy periodically. Your use of the Service after any change has been posted will constitute your agreement to the modified Smart As A Fox Digital Millennium Copyright Act Policy. Smart As A Fox cannot guarantee that any action will be taken in response to a notice of alleged copyright infringement.
Miscellaneous Legal Provisions
This Agreement, your rights and obligations and all actions contemplated by this Agreement will be governed by the laws of the United States and the District of Columbia, without regard to their conflict of laws policies. This Agreement will not be governed by the United Nations Convention for the International Sale of Goods. You agree that smartasafox.org will be deemed as being solely based in the District of Columbia, regardless of where you are while using or accessing the smartasafox.org website or where any server used in connection with the storage and/or delivery of the Service is located, and that it constitutes a ‘Passive website’ for purposes of personal jurisdiction under the Constitution of the United States and the statutes enacted by other jurisdictions. You agree that a court of competent jurisdiction located in the District of Columbia will have exclusive jurisdiction over any dispute, cause of action or claim arising under or related to this Agreement, the Service or the Content on the Service. If any part of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. You agree that any dispute, cause of action or claim arising under or related to this Agreement, the Service or the Content on the Service must be filed within six months after the dispute, cause of action or claim arises, or else it will be permanently barred as untimely filed.