By utilizing the CopyrightItNow® website, the user (hereinafter referred to as "User"
or "you"), agrees to the following terms and conditions with Public Benefit Services
Corporation, doing business as CopyrightItNow® (hereinafter "CopyrightItNow®").
Use of this Web Site - Subject to the terms of this Agreement, CopyrightItNow® grants
you a revocable, non-transferable, non-exclusive limited license to use those portions
of the Web Site, to which you are granted access but only for your own personal,
noncommercial use and not for any use of behalf of any third party. Use of the Web
Site, is intended only for citizens or residents of the United States or its territories.
By using this website you are certifying that you are at least 18 years of age and
not under any legal disability. Except as expressly set forth in this Agreement,
you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast,
or circulate this Web site, or any portion of it (including, but not limited to,
any download or printed copies made from it) without CopyrightItNow®'s prior written
consent. CopyrightItNow® has the right, at any time without notice, to: (i) revoke
or limit your license to use the Web Site (or any portion of it); and (ii) change
or discontinue providing the Web Site (or any portion thereof). CopyrightItNow®
has no obligation to update the Web Site or to correct any errors or omissions that
might be contained in it.
Ownership and Copyright - You acknowledge and agree that this Web Site and the information
contained in or associated with it are owned by CopyrightItNow® and are protected
by U.S. and international copyright and other intellectual property laws. You further
acknowledge and agree that the Web Site contains certain proprietary data and information
of CopyrightItNow® that you will not use this data or information for any unlawful
or unauthorized purpose, and that you will use reasonable efforts to protect them
from illicit distribution or use.
Trademarks - CopyrightItNow® and the CopyrightItNow® Design logo(s) are registered
marks of CopyrightItNow®. You will not use or allow any third party to use any of
CopyrightItNow's marks, including but not limited to the foregoing, without CopyrightItNow's
prior written consent.
Disclaimer of Warranties - THIS WEBSITE IS PROVIDED "AS IS" WITH ALL FAULTS AND
YOU ACCEPT ALL RISKS, KNOWN AND UNKNOWN, OF ANY SUCH FAULTS. COPYRIGHTITNOW® DISCLAIMS
ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABLILITY, FITNESS FOR A PARTICULAR
PURPOSE, OWERSHIP, NONINFRIGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE
OF VIRUSES AND DAMAGING OR DISABLING CODE. COPYRIGHTITNOW® DOES NOT WARRANT THE
ACCURACY, COMPLETENESS OR TIMELINESS OF THE WEB SITE. COPYRIGHTITNOW® SHALL NOT
BE RESPONSIBLE FOR DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE.
Privacy Policy - The Privacy Policy contained elsewhere on this website is incorporated
herein by reference.
Limitation of Liability - COPYRIGHTITNOW® SHALL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, OR THE USE OF,
OR RELIANCE ON, THE WEB SITE WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO
THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY COPYRIGHTITNOW®
(OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT. THE AGGREGATE
LIABILITY OF COPYRIGHTITNOW® ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB
SITE, AND THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT
OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED
IN A COURT OF COMPETENT JURISIDCTION, AND IN ALL CIRCUMSTANCES, TO AN AMOUNT NOT
TO EXCEED FIFTY DOLLARS. COPYRIGHTITNOW® SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER
IN CONTRACT OR TORT OR OTHERWISE, EVEN IF COPYRIGHTITNOW® HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Indemnification - You agree to indemnify, defend, and hold harmless CopyrightItNow®,
and its officers, agents, and affiliates from and against any and all claims, liabilities,
losses, costs (including, but not limited to, reasonable attorneys' fees), and/or
damages of any kind arising from or relating to: (i) your use of the Web Site; (ii)
your breach of this Agreement; and (iii) any information or materials, uploaded,
published, or transmitted by you in connection with the Web Site.
The Digital Infringement Alert service only applies to "Registered Copyrights". This proprietary service provides additional protection for Registered works by continually searching the U.S. Copyright Office to identify new works submitted for registration which may in any way infringe upon your copyright, title, text, lyrics or program. You will be given a direct link to the Digital Infringement Site to complete the details for the enrollment of your Copyright Registration Number in the email you will receive upon submitting your application to Copyrightitnow for document processing.
Disclaimer of Professional - Services CopyrightItNow® does not offer legal services,
including, without limitation, handling copyright infringement or enforcement actions,
following up on questions raised by the copyright office in response to your filing
or other matters which might require the services of an attorney. Nor does CopyrightItNow®
provide tax guidance or planning which might be more properly addressed with an
accountant or tax advisor. If you have questions requiring the assistance of such
professionals, CopyrightItNow® encourages you to consult with licensed attorneys
and tax advisors of your choosing.
Electronic Signature - You agree that your electronic signature hereon shall be
as valid and enforceable for all purposes as an original signature. You also agree
that any agent or representative who electronically signs your electronic signature
is your duly authorized agent or representative with full power and authority to
bind you thereby.
Fees non-refundable- all fees paid to CopyrightItNow for our application service are non-refundable. All fees
paid to the United States Copyright Office for registration are also non-refundable.
Governing law and Jurisdiction - This Agreement is governed by and construed in
accordance with the laws of the State of California, U.S.A. without giving effect
to any choice-of-law or conflict-of -law provision or rule (whether of the State
of California or any other jurisdiction) that would cause the application of the
laws of any jurisdiction other than that of the State of California.
Entire Agreement - This Agreement shall constitute the entire agreement between
you and CopyrightItNow (TM) regarding the subject matter hereof and shall supersede
any and all prior negotiations, representations, warranties, undertakings, or agreements,
written or oral, between the parties regarding such subject matter.
Severability - To the maximum extent possible, each provision in this Agreement
shall be interpreted in such matter as to be valid and enforceable under applicable
law. If any provision of this Agreement is held to be invalid or unenforceable under
applicable law, such provision shall be modified so as to be rendered, valid and
enforceable while implementing, to the maximum extent possible, the original intent
of such provision. If such modification is not possible or allowed, then such provision
shall be ineffective only to the extent of such unenforceability or invalidity without
affecting the remainder of such provision or any other provisions in this Agreement.
These Terms and Conditions were last updated on September 17, 2008