LAST UPDATED ON August 20, 2018
15 Seconds of Fame, Inc. (“15SOF “, “we”, “our”, “us”) welcomes you as a viewer, reader, or user of our 15 SECONDS OF FAME™ mobile application, website (located at www.15sof.com and/or www.15SecondsofFame.com) and/or other online services (all the foregoing, collectively, the “15SOF Services”). We make the 15SOF Services available to you conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated herein (the “Terms”).
NOTICE: THESE TERMS INCLUDE A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ ALL SUCH AND OTHER TERMS CAREFULLY.
YOU ACKNOWLEDGE AND CONFIRM YOUR AGREEMENT TO THESE TERMS BY ACCESSING AND/OR USING THE 15SOF SERVICES; PROVIDED THAT YOU MUST HAVE A PARENT OR LEGAL GUARDIAN REVIEW THESE TERMS WITH YOU AND AGREE TO THEM ON YOUR BEHALF IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH 15SOF (AGE 18 IN MOST STATES). DO NOT ACCESS AND/OR USE THE 15SOF SERVICES IF YOU DO NOT AGREE TO THESE TERMS.
At 15SOF, our mission is to connect you with special moments of your life. We want 15SOF to be fun for everyone. Although these Terms are a legal contract between us and you, adhering to them is not intended to be onerous. Do your part in keeping up with these Terms, and we will do ours in keeping you connected to your moments that matter.
15SOF is primarily operated through its mobile application branded under the mark 15 SECONDS OF FAME™. An individual user (subject to applicable age restrictions and/or other eligibility requirements set forth herein) may sign up for the application without charge by entering his or her name, e-mail address, date of birth (and/or any other information which may be requested or required), with upload of a photograph of such individual (i.e., a “selfie”). 15SOF licenses content from various sports, entertainment and/or other events (including without limitation content from live television feeds and/or in-venue displays) and uses facial recognition technology to identify registered users in such footage. 15SOF is designed to forward its users short clips (typically 0 30 seconds) of content in which the user appears. Clips may contain advertising material (either by way of watermark, pre-roll footage, post-roll footage and/or otherwise), including advertising material which may be targeted to the user based upon information known about such user. Clips are designed for sharing by the user through one or more of the user’s own social media platforms. By your acceptance of these Terms, you are agreeing (without limitation) to permit 15SOF to make any and all uses necessary or reasonably desirable to perform and provide such and other 15SOF Services.
Privacy and Facial Recognition Practices
II. PERMITTED USE OF THE 15SOF SERVICES
We do not allow use of the 15SOF Services by persons under 13, and any person under 13 is not permitted to use the 15SOF Services. Persons who are at least 13 years old but under 18 years old may use the 15SOF Services only with the express consent and supervision of a parent or legal guardian who legally agrees for your use to be bound by these Terms. By using the 15SOF Services without the express consent of a parent or legal guardian, you certify that you are 18 years of age or older. We do not intentionally collect personal information about children under the age of 13 and do not sell products to children. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is at least 13 years old but under 18 years old, be advised that you are fully responsible for the child’s use of the 15SOF Services. If you do not agree to (or cannot comply with) these Terms in their entirety, do not use the 15SOF Services and do not permit any child to use the 15SOF Services.
Personal, Noncommercial and Lawful Use
The 15SOF Services are for your personal, noncommercial and lawful use. As a condition to your use and continued use of the 15SOF Services, you warrant to 15SOF that you will not use the 15SOF Services for any purpose that is prohibited by these Terms or unlawful.
You represent and warrant that all registration and/or other information you at any time provide through the 15SOF Services must be truthful and accurate. You represent that any photograph you upload to the system is a photograph accurately depicting the registered user with the registered user’s express consent to such use.
Mobile and Other Portable Devices
15SOF currently provides the 15SOF Services without charge to its users. However, please be aware that your carrier’s normal data rates and fees apply.
III. LICENSED RIGHTS
By your use of the 15SOF Service, you grant 15SOF the perpetual, transferable, sublicensable and royalty-free right to use your name, image and likeness if and as you appear in any content licensed by 15SOF on and/or in connection with operation, advertising, marketing and promotion of the 15SOF Service and/or advertising, marketing and promotion of any brand, company, good or service with which 15SOF may at any time conduct any form of business. Without limiting the foregoing, you expressly waive any claim you otherwise may have to rights of privacy and/or publicity in connection with your appearance at any public event from which 15SOF licenses content.
Except for material in the public domain under United States copyright law, the 15SOF Services, in their entirety, including all application and website design, computer programs used to generate the application and website pages, software (see below), HTML code, Java applets, Active X controls and other code, website or mobile application design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, and the selection, arrangement, coordination, enhancement and presentation of said elements, and all other intellectual property rights (including service marks, and trademarks) in, on, and to the 15SOF Services are the sole property of 15SOF and/or its licensors or content suppliers and are protected by United States and foreign copyright laws. By using the 15SOF Services, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing in the Terms or through the use of the 15SOF Services shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of 15SOF or any third party, except if and as expressly set forth and granted in the Terms.
Except if and as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the 15SOF Services without the prior consent of the copyright owner. None of the material contained on the 15SOF Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of 15SOF. Violation of this provision may result in severe civil and criminal penalties. You may not transfer to or store any data residing or exchanged using the 15SOF Services in any electronic network for use by more than one user unless you obtain prior written permission from 15SOF.
You are granted a non-exclusive, non-assignable and non-transferable license to use the 15SOF Services, only on and subject to the Terms. It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the 15SOF Services.
The 15SOF App. and any other software made available to download is the property of 15SOF and/or its suppliers (or is used under license from its owner) and is protected under United States and international copyright laws and/or patent laws. 15SOF hereby grants to you a personal, revocable, nontransferable and non-sublicensable license to use the software for viewing and other purposes within the scope of use expressly stated by 15SOF in accordance with these Terms, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms.
You may not, and you will not encourage, assist or authorize any other person to copy modify, reverse engineer, decompile or disassemble, or otherwise tamper with, any software, whether in whole or in part, and you will not create any derivate works from or of the software. In order to keep the 15SOF Services up to date, we may offer automatic or manual updates at any time and without notice to you.
15 SECONDS OF FAME™ (and associated logos), 15SOF™ (and associated logos), and THE FUTURE OF MEMORIES™ (and associated logos), and other marks we use in connection with the 15SOF Services are trademarks of 15SOF or its licensors, and are protected by state and federal trademark laws. All related product and service names, design marks and slogans are the trademarks or service marks of 15SOF, as are the “look” and “feel” of the 15SOF Services (including color combinations, layout, design and all other graphical elements). Other trademarks (such as those associated with professional sports leagues and/or sports teams) may appear on the 15SOF Services with permission from their respective owners. Your unauthorized use of trademarks appearing on the 15SOF Services may constitute trademark infringement, which could subject you to substantial civil penalties.
V. NO RELIANCE ON 15SOF SERVICES CONTENT
THIRD PARTY LINKS
ACCURACY OF MATERIAL
You understand and acknowledge that material and software published by 15SOF through the 15SOF Services, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that 15SOF is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the 15SOF Services may be changed or revised from time to time without notice.
INFORMATIONAL PURPOSES ONLY
Although the 15SOF Services may host a great deal of information that pertains to a variety of topics, such information is presented for general informational purposes only. It should not be taken as professional advice.
VI. USER RESPONSIBILITIES & PROHIBITED CONDUCT
You may use the 15SOF Services for lawful purposes only. As one of the conditions of your use of the 15SOF Services, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the 15SOF Services for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the 15SOF Services by you must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the 15SOF Services complies with the Terms and to request prior written permission from 15SOF for any uses not permitted or expressly specified in the Terms.
Certain features and areas of the 15SOF Services are available only with registration and login. If you are required to register and select a unique login and password (“Personal Credentials”), you must keep your Personal Credentials confidential, including taking appropriate measures to maintain their confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Credentials are personal to you and you may not allow any third party to use them under any circumstances. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Credentials. You must contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Credentials, or otherwise wish to deactivate your Personal Credentials due to security concerns.
WEB SECURITY RULES
You are prohibited from directly or indirectly violating or attempting to violate the security of the 15SOF Services, including, without limitation, the following:
- Accessing data not intended for the user or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Using any device, software, or routine to interfere with the proper operation of, or any activities conducted on, the 15SOF Services or engage in any other any conduct that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the 15SOF Services, including, without limitation, using any means, including overloading, “flooding”, “mailbombing” or “crashing;”
- Using malicious code, including but not limited to computer viruses, Trojan horses, corrupted data, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment;
- Forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the 15SOF Services; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the 15SOF Services other than the search engine and search agents available from 15SOF on the 15SOF Services and other than generally available third party web browsers (e.g., Internet Explorer, Google Chrome, Mozilla, Firefox, etc.).
Violations of website or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve violations of the use of the 15SOF Services and we may contact and/or cooperate with law enforcement authorities in prosecuting users or any other person or persons who are involved in any violations of the use of the 15SOF Services.
VII. RULES GOVERNING USER CONTENT
You may have the opportunity to upload, post, transmit, or otherwise provide content to the 15SOF Services, including, but not limited to, photos, video, audio, comments, articles, blogs, forums, information, messages, software, and communications (collectively referred to as “User Content”). You represent and warrant that you own or otherwise control all of the rights to the User Content that you post and agree that you are solely responsible for your User Content and that your failure to comply with any of the Rules Governing User Content below will constitute a breach of these Terms. You also represent that all User Content is and shall be original and non-infringing.
We do not assume an editorial role with respect to any User Content. To the extent that content is provided to the 15SOF Services by third parties or other users, we do not assume an editorial role. We do not assume any obligation to monitor or edit User Content nor do we take any responsibility for User Content. Similarly, we do not endorse any opinions expressed via the 15SOF Services by other users, business or advertisers, nor do we represent or guarantee the truthfulness, accuracy, or reliability of any User Content. The 15SOF Services simply provide access to User Content that other users have contributed and edited. Consequently, you agree that we have no responsibility for any User Content posted or transmitted via the 15SOF Services. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
When you post, upload or contribute User Content via the 15SOF Services, you agree that you will not:
- Disrespect the privacy and views of others;
- Use any service offered via the 15SOF Services to stalk or harass another;
- Use the 15SOF Services’ communications features in a manner that adversely affects the availability of their resources to other users (for example, continuous posting of repetitive or duplicative text);
- Use or provide User Content for commercial purposes (for example, the promotion of any specific goods or services);
- Post, transmit or send any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, telephone or postal solicitations or any other form of solicitation, such as opinions or notices, commercial or otherwise, via the 15SOF Services or to any of their users;
- Impersonate another person or entity or misrepresent your affiliation with a person or entity;
- Delete or revise any material posted by any other person or entity;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising, creating, or in any way making up a part of the 15SOF Services;
- Use or employ robots, spiders, web crawlers, webants, worms, wanderers, web agents and other “bots” to visit the 15SOF Services that are not Standard for Robot Exclusion-compliant robots;
- Access the 15SOF Services by any means other than through the interface that is provided by us for use in accessing the 15SOF Services;
Access or use the 15SOF Services in order to collect information about 15SOF Services visitors or registered users;
- Permit any other person to use your Personal Credentials to post or view User Content.
In addition, you agree that any User Content posted, uploaded or otherwise shared using the 15SOF Services will not:
- Be obscene, profane, sexually explicit, adult-oriented, vulgar, libelous, slanderous, defamatory, harmful, threatening, abusive, hateful, harassing, tortious, misleading, fraudulent, illegal or knowingly false or inaccurate, bigoted, racially, ethnically or otherwise objectionable, harmful to minors in any way;
- Encourage conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
- Infringe on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
Violate the privacy or publicity rights of others;
- Support or provide resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Delete any attributions, legal notices or proprietary designations or labels.
Intellectual Property Rights of Others
As noted above, you may not use the 15SOF Services to transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain.
OUR RIGHTS REGARDING USER CONTENT
You grant to 15SOF a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, distribute, reproduce, modify, adapt, publish, display, perform, translate, and create derivative works from your User Content in any media, now known or hereafter discovered, throughout the world, for any and all promotional and/or other purposes.
We do not assume any responsibility for the consequences of any User Content on the 15SOF Services. However, we shall have the right, but not the obligation, to monitor any User Content uploaded, posted, transmitted, or otherwise provided on the 15SOF Services to determine compliance with these Terms (including the Rules Governing User Content above) and any other operating rules that may be established by 15SOF from time to time.
We reserve the right to record, re-purpose or re-publish User Content on the 15SOF Services, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to 15SOF and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content by you or of you (in whole or in part), including any use of your likeness, voice and other identifying characteristics, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, including for commercial reasons. For this reason, you should not transmit, post or send any User Content that contains any confidential, sensitive or nonpublic information. We do not guarantee that any personal information posted or transmitted will be prevented from being viewed, distributed, republished or otherwise used by any particular person.
YOUR RESPONSIBILITY FOR USER CONTENT
You agree to defend, indemnify and hold harmless 15SOF and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User Content or use by others of any User Content posted or uploaded by you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms.
VIII. WARRANTIES, DISCLAIMERS & INDEMNITY
No Warranties By 15SOF
YOUR USE OF THE 15SOF SERVICES IS AT YOUR OWN RISK. THE 15SOF SERVICES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. 15SOF MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THE 15SOF SERVICES SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. NEITHER 15SOF NOR ITS PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE 15SOF SERVICES OR THEIR OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE 15SOF SERVICES ON BEHALF OF 15SOF. 15SOF RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THE 15SOF SERVICES.
Exclusion Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL 15SOF OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE 15SOF SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE 15SOF SERVICES, DELAY OR INABILITY TO USE THE 15SOF SERVICES, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE 15SOF SERVICES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR CONTENT OR INFORMATION PROVIDER TO 15SOF OR ITS PARENT CORPORATION (IF ANY), AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, LICENSORS AND SUPPLIERS OR ANY OF THEIR SUCCESSORS OR ASSIGNS (COLLECTIVELY THE “RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE 15SOF SERVICES.
You agree to defend, indemnify and hold the Released Parties harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the 15SOF Services, or any content, product or service offered through the 15SOF Services, in a manner that violates or is alleged to violate these Terms. 15SOF or other relevant Released Party shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
In certain (unlikely) circumstances it may be necessary for us to terminate part or all of the 15SOF Services, terminate these Terms, or suspend or terminate your account or privileges.
Discontinuation of 15SOF Services
We reserve the right to suspend or end the 15SOF Services or any part thereof at any time, with or without cause, and with or without notice.
Suspension or Cancellation Of Privileges
We reserve the right to terminate your privilege to use any or all of the 15SOF Services if we determine in our sole discretion, that you have breached any of these Terms or any applicable law or that it is potentially harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Without limiting any available remedies or the procedures set forth in the Copyright Policy below, if we receive notice or have reason to believe, in our sole discretion, that you have posted User Content that infringes the rights of any other person under copyright, trademark, privacy, or publicity, or otherwise, we may terminate your access to the 15SOF Services, including all of your privileges or user accounts that you may have established in connection with the 15SOF Services.
You may terminate your account at any time by sending an e-mail request to Support@15sof.com. If you choose to reopen your account or open a new account (if such re-registration is permitted), you may be required to re-register in whole or in part.
IX. COPYRIGHT POLICY
15SOF takes the intellectual property rights of others very seriously. If you believe your work has been copied in a way that constitutes copyright infringement, please follow the following Digital Millennium Copyright Act Notice and Procedures for making claims of copyright infringement. Please understand that not all unauthorized copying constitutes copyright infringement. If you are unsure of your rights, it may be beneficial to seek the advice of counsel prior to proceeding under this policy.
We hope that no serious disagreements arise involving you, but, in the event there is a dispute, our goal is to provide you a neutral and cost effective means to resolve it quickly. Accordingly, you agree that, if a dispute arises between you and 15SOF, you will first contact 15SOF customer service to describe the problem and seek a resolution.
X. DIGITAL MILLENNIUM COPYRIGHT ACT PROCEDURE
15SOF investigates notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (“DMCA“), Title 17, United States Code, Section 512(c), as follows:
- For purposes of providing written notice under the DMCA, 15SOF has designated an agent with the United States Copyright Office (“Copyright Agent“). All written notification, pursuant to the DMCA, must be submitted to the designated Copyright Agent at the following address:United Corporate Services, Inc.
15 Seconds of Fame, Inc.
874 Walker Road
Dover, DE 19904
And Simultaneously By Email: email@example.com
- If you are a copyright owner or agent thereof and believe that third-party submitted content or materials, including photographs and digital images (“Third-Party Submission“), available through the 15SOF Services infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to 15SOF’s Copyright Agent, identified above. To be effective, the written notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the 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 notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you believe that your Third-Party Submission, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or authority under the law, to publish or use the Third-Party Submission, you may submit a written counter-notice, pursuant to the DMCA, to 15SOF’s Copyright Agent, identified above. To be effective, the written counter-notice must include:
- 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 under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or United States District Court for the Southern District of New York, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
- If a counter-notice is received by 15SOF’s Copyright Agent, 15SOF may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that 15SOF may replace the removed Third-Party Submission or cease disabling it in ten business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Submission, the removed Third-Party Submission may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at 15SOF’s sole discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including 15SOF), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Submission infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.
You agree that, if a dispute arises between you and 15SOF, you will first contact 15SOF customer service to describe the problem and seek a resolution. You may contact customer service using any of the following means:
- Email at: Legal@15sof.com
- By Telephone – (855) 815-FAME
If that does not resolve the issue, then you and 15SOF agree to the following methods to resolve any dispute or claim between us. First, you agree that the Terms are governed by the law of the State of New York, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree, as also set forth below, to unconditionally and irrevocably submit to the mandatory and exclusive personal jurisdiction and venue of the state or federal courts located within New York County, New York for the purpose of litigating all such claims or disputes. You agree that you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. 15SOF reserves all rights, remedies and defenses available to it, in law or equity, with respect to any matter relating to these Terms.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, “AAA Rules”). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND 15SOF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 15SOF agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Southern District of New York or any State court located in New York County, New York.
Notwithstanding the foregoing, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms.
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, shall be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member of a class, consolidated, representative or private attorney general legal action. Your access and continued use of the 15SOF Services signifies your express consent to this waiver.
These Terms and all matters regarding your use of the 15SOF Services shall be governed by, construed in accordance with, and enforced under the laws of the State of New York applicable to contracts made and executed and wholly performed in the State of New York, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods shall apply and their applicability is expressly excluded.
Subject to the terms and conditions above governing arbitration, if you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in New York County, New York. You also agree that the laws of the State of New York (without giving effect to principles governing conflicts of law) and, to the extent applicable, the laws of the United States of America will govern these Terms, as well as any legal claim that might arise between you and us (without giving effect to principles governing conflicts of law). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in New York County, New York, in any legal action or proceeding relating to us, the 15SOF Services, or these Terms.
Deadline to Pursue Claim
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of the 15SOF Services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
When you use the 15SOF Services, or send emails, SMS text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as by email, text message, push notification, or by posting messages to the 15SOF Services. You agree that all communications that we provide you electronically satisfy any legal requirement that such communication be in writing.
When you use any mobile applications (“apps”) as part of the 15SOF Services, you may grant certain permissions to us for your device. Most mobile devices provide you information about these permissions. Please check the “settings” or other feature of your specific phone for more information.
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to use of the 15SOF Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15SOF’s failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.
Though we hope you will continue to use our 15SOF Services, you can stop using them at any time. Even after you stop using the 15SOF Services or the Website (or part thereof) is terminated, or after your account or privileges are suspended or terminated for any reason (including as set forth in Suspension or Cancellation of Privileges), these Terms will remain in effect with respect to relevant provisions, including the following Sections and their respective subsections: Ownership, No Reliance on 15SOF Services Content, Rules Governing User Content, Warranties, Disclaimers and Indemnity, Copyright Policy, Disputes, and Miscellaneous, as well as any provisions that by their nature survive the termination of these Terms.
This agreement was written in English. If there exists a conflict between the English version and any translation, the English version controls.
No Third Party Rights
15SOF will apply this Subpoena Policy to any particular subpoena in its sole discretion. This Subpoena Policy does not create any enforceable legal rights, either for Website Users or for requesting parties and there are no intended or incidental third party beneficiaries to this policy.
We reserve the right to modify these Terms at any time and in our sole discretion. We will provide notice of any such changes by posting the modified Terms on this page and by indicating above the date the Terms were last updated. Changes will become effective immediately but will not apply retroactively. We encourage you to periodically review these Terms for changes. By continuing to use the 15SOF Services, you are agreeing to all changes made by 15SOF. If you do not agree to the modified Terms you should immediately discontinue your use of the 15SOF Services.
Copyright ©2015-2018, 15 Seconds of Fame, Inc. All rights reserved. Any rights not expressly granted herein are reserved.