Effective Date: July 23, 2018
Postal mail: CelloBello, 1200 Washington Street, Suite 320, Boston, MA 02118, United States
- Site Content, Ownership, Limited License, and Rights of Others
- Site Use and Restrictions
- User Submissions
- Digital Millennium Copyright Act
- Donation Terms and Policies
- Links by You to Our Sites
- Links to Other Websites and Online Services
- Governing Law
- Limited Time to File Claims
- Disclaimers and Limitations of Liability
- Site Operated in the United States
- No Waiver
- Severability and Interpretation
- Amendments or Changes to These Terms
- Exclusions and Limitations; Consumer Protection Notice
- Contact Us
1. Site Content, Ownership, Limited License, and Rights of Others
When using our Site, you must respect the proprietary and personal rights of CelloBello and others. Your unauthorized use of our Site or Site Content may violate copyright, trademark, privacy, publicity, communications and other laws, and any such use may result in your personal liability, including potential criminal liability. CelloBello respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it on our Site, please review Reporting Potential Copyright Infringement to us, below.
2. Site Use and Restrictions
Any unauthorized use of our Site or Site Content for any purpose is prohibited. We may suspend or terminate the availability of our Site (and any elements or features of it), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.
3. User Submissions
a. User Submissions
The Site may permit the submission of certain user-generated text, information, data, audio, video, photographs, files or other content to the Site (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by CelloBello and viewed by both general users and registered members of the Site. You understand that CelloBello does not guarantee any confidentiality with respect to any User Submissions.
b. Representations Regarding User Submissions
c. Ownership of User Submissions; License
You will retain all ownership rights in your User Submissions, and CelloBello will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Site for CelloBello’s commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to CelloBello and permitting it to be viewed, posted or published on our Site, you hereby grant to CelloBello a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store User Submissions on our Site and servers and publish, distribute and display such User Submissions in connection with the Site and CelloBello’s (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
d. User Submissions Restrictions
e. Accuracy, Usefulness of User Submissions
You understand that when using the Site, you will be exposed to User Submissions and third party information from a variety of sources and that Company is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CelloBello with respect thereto.
4. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CelloBello’s designated Copyright Agent for notice of claims of infringement is:
1200 Washington Street, Suite 320
Boston, MA 02118
telephone: +1 (617) 777 4935
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CelloBello’s customer service at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) 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 disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state you are located or the Commonwealth of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter notification is received by the Copyright Agent, CelloBello shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, CelloBello may, in its sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, CelloBello shall, in appropriate circumstances, terminate access, at CelloBello’s sole discretion, of any registered member that CelloBello finds to be a repeat infringer of others copyrights. CelloBello may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
5. Donation Terms and Policies
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.
8. Governing Law
9. Limited Time to File Claims
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
OUR SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CELLOBELLO SHALL NOT BE LIABLE FOR ANY DIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF OUR SITE, OR THE SITE CONTENT, USER SUBMISSIONS, INFORMATION, DOCUMENTS, OR SOFTWARE THEREIN, EVEN IF CELLOBELLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. CELLOBELLO DOES NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES CELLOBELLO WARRANT THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Your use of our Site, and any reliance on any Site Content published or transmitted, is at your own risk. You agree that you hereby release CelloBello, its affiliates, advertisers, suppliers, distributors and others from any and all liability or obligations arising from the access or use of our Site or any products sold or promoted on it. Your sole remedy for any problem or concern is to exit our Site. CelloBello reserves the right to restrict or limit access to our Site.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
11. Site Operated in the United States
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
When you communicate with us electronically, such as via e-mail, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.
15. No Waiver
16. Severability and Interpretation
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.
18. Exclusions and Limitations; Consumer Protection Notice
19. Contact Us
1200 Washington Street, Suite 320
Boston, MA 02118