Date of Last Revision: June 11, 2013
Please read and review these Terms carefully. By visiting or otherwise using the Site (i) you agree that you have read, understood and are bound by these Terms; (ii) you will comply with all applicable laws, regulations, rules and policies; and (iii) you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and are no younger than 18 years old. You also agree that your access to and use of the Site is a valuable benefit that you receive by agreeing to and complying with these Terms. If you do not agree to these Terms, you may not access, browse or use the Site.
Minors Prohibited: The Site is not directed to individuals under the age of eighteen (18), if you are under the age of eighteen (18), you are not authorized to access or use the Site.
1. Ownership and Restrictions on Use
HSP is the owner or licensee of all Site Content on the Site. Site Content includes, without limitation, applications, software, movies, television shows, events, clips, videos, images, text, scripts, photos, graphics, music, animation, audio, audiovisual materials, downloadable materials, applications, and also includes the look and feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Site, as well as trademarks, trade names, service marks or logos owned or licensed by HSP (the “Marks”), and all other intellectual property rights covering or embodied by the Site Content, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content does not include Your Content, as described herein. You do not acquire any ownership interest in any Site Content by accessing or using the Site or Site Content.
2. System Requirements
To access the Site, you will need a compatible device, Internet access, and certain software that may require updates or upgrades. Your ability to use the Site may be affected by the performance of hardware, software, and Internet access. You agree that such system requirements, which may change from time to time, are your responsibility. You are responsible for any costs you incur to access the Internet.
3. Your Use and Your Content; License Grant; Archived and Modified Content; Right to Monitor and Editorial Control
You may access, browse and use the Site and Site Content only for your personal, non-commercial use in accordance with these Terms. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site or Site Content, except as expressly provided herein.
Parts of the Site may allow you to post, upload, transmit or submit content, information or ideas to the Site, including Archived Content and Modified Content, as those terms are defined below under the heading “Archived and Modified Content” (collectively “Your Content”). We encourage you to express yourself on the Site, but be aware that by sending us Your Content, you authorize us to make Your Content available to the rest of the world and to allow others to do so. Do not submit anything to the Site that you do not want to be viewed by others. If you do submit Your Content to the Site, we are under no obligation to use Your Content. If we do use Your Content, you waive any right to attribution (i.e., indication that you are the author or owner of Your Content) or integrity (i.e., prior approval of changes).
Please do not send us any confidential, secret or proprietary information or material through the Site, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is your original creation, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content granted herein, and that Your Content does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; (ii) represent that you have no expectation of compensation or confidentiality of any nature with respect to Your Content and that we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to Your Content; (iii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iv) shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, the Site Content, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Archived and Modified Content: We encourage you to submit your own creative modifications of Site Content (“Modified Content”) to us, and to submit your own copies of portions of previously recorded Howard Stern broadcasts (“Archived Content”) to us via the “Submit a Tape” portion of the Site. If you choose to upload to the Site any Modified Content or Archived Content, the copyright to which is owned by Howard Stern, The Howard Stern Production Company, Inc. or any of his or its affiliated entities (collectively “we,” “us” or “our”), we hereby grant you a revocable, non-transferable, non-sublicenseable, non-exclusive limited license to (i) modify Site Content to create Modified Content for the sole purpose of uploading the Modified Content to the Site, and to (ii) upload such Modified Content and/or Archived Content to our Site only, provided in each case that you are able to, and by uploading such Modified Content or Archived Content you agree to be bound by, the representations, warranties and agreements governing Your Content, as set forth in items (i) – (iv) of the paragraph immediately preceding this paragraph. All rights not specifically granted in this limited license are retained by us. You may not otherwise distribute or exploit any Archived Content, Modified Content or other materials containing, embodying or covered by our intellectual property or any parts thereof for any purpose without our express permission.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Site and/or Site Content by our users, and we are not responsible for any such materials. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also restrict your access to part or all of the Site or Site Content without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
4. Prohibited Conduct
You warrant and agree that, while accessing or using the Site, you will not:
• reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit any portion of the Site or the Site Content unless permitted under these Terms or with the prior written authorization of HSP and any applicable licensors;
• except as expressly provided above under the heading “Your Content,” create derivative works of the Site Content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of HSP and any applicable licensors;
• access or attempt to access another user’s account that you are not authorized to access;
• incorporate Site Content into any hardware or software application;
• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, our licensors or anyone otherwise affiliated with us;
• sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site Content to any third party;
• remove any proprietary notices or labels on any Site Content;
• use an inappropriate username or screen name;
• insert your own or a third party’s advertising, branding or other promotional content on the Site or into any Site Content;
• post, email, transmit or otherwise make available unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "stock touts," "pyramid schemes," or any other form of solicitation;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Site Content available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
• engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
• use the Site or Site Content in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
• use the Site or Site Content in violation of our intellectual property or other proprietary or legal rights or rights of any third party;
• use the Site or Site Content in violation of any applicable law;
• attempt (or encourage or support anyone else’s attempt) to disable, bypass, modify, defeat, circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or the Site Content, including without limitation any security, digital rights management or data encryption components limiting access to Site Content;
• use the Site to "stalk" or otherwise harass or harm another in any way;
• collect or store personal data about other users of the Site;
• post, transmit or otherwise disseminate through the Site or the Site Content any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
5. Your Registration and Your Information
You are solely responsible for maintaining the confidentiality of Your Information. You are also solely responsible for any and all activities on the Site that occur under Your Registration or Your Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your Information, and of any and all other security breaches. If you believe your HSP account ID or password has been lost or stolen, contact us at Webmaster@HowardStern.com.
We reserve the right to terminate Your Registration or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove Your Content from the Site. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Site. If you voluntarily terminate Your Registration or allow Your Registration to lapse, you may reactivate Your Registration at any time through the user account section of the Site. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated.
6. Donations and Purchases
We may offer products and services for sale on the site, and from time-to-time we may offer opportunities to contribute to organizations that engage in charitable activities. Please carefully read all donation and pricing terms available in the areas of the Site that allow you to make donations or purchases. If you are making a donation, do not assume that the donation is tax deductible or that the recipient is a not-for-profit corporation. The deductibility of donations for charitable purposes are governed by tax laws and regulations that can substantially vary in their applicability, depending both on facts specific to the recipient and the purpose of the donation, as well as the donor. Your use of the Site and Site Content includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. HSP is not responsible for typographic errors.
You agree to pay all charges and applicable taxes incurred by you or anyone using Your Registration. We may revise the pricing for products and merchandise offered through the Site at any time. All currencies are listed in U.S. dollars unless expressly stated otherwise. All charges are payable in accordance with payment terms in effect at the time the charge becomes payable. If there is a dispute regarding payments, or products or services provided by us, Your Registration may be closed without warning or notice at our sole discretion.
You agree that HSP may charge your payment account for donations made and/or services, products and/or merchandise purchased, and for any additional amounts (including any taxes and shipping charges, as applicable) as may be accrued by you in connection with Your Registration. Except as otherwise set forth in any applicable return policy or cancellation policy, you acknowledge and agree that any applicable fees and other charges incurred are not refundable in whole or in part. You are fully liable for all charges to Your Registration, including any unauthorized charges. You are responsible for the timely payment of all charges and for providing HSP with a valid credit card account (or other acceptable form of payment) and required details for payment of all charges. Charges will be billed to the account designated as your payment method in Your Registration. If you wish to use a different payment account or method, you must change your payment account information in Your Registration.
7. Submission of Your Ideas and Suggestions
We encourage you to share your ideas and suggestions with us, but to avoid any misunderstandings or disputes that may arise, please be aware that if Your Content constitutes ideas, suggestions, know-how, concepts, techniques, comments, criticism, reports or other feedback (“Feedback”), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable (through multiple tiers), fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, use, reproduce, edit, distribute, modify, adapt, create derivative works of, publish, publicly perform, publicly display, transmit, translate and license, digitally perform, make, have made, sell, offer for sale, import or make any other use of Feedback in any and all embodiments, media and means of communication, now known or hereafter developed. You represent and warrant to us that your Feedback is original to you, that you own or otherwise control all of the rights in your Feedback, or that you have the rights necessary to grant to us the license to your Feedback granted herein, and that your Feedback do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. Notwithstanding the foregoing, we are not obligated by these Terms to proceed with or conclude any agreement or transaction with you concerning any such Feedback.
If you do not wish to grant these rights, do not share, submit or post any Feedback on or through the Site.
HSP reserves the right to modify, suspend, or discontinue the Site and/or access to any Site Content, or any part thereof, at any time and without notice to you, and HSP will not be liable to you should it exercise such rights, even if your use of Site Content is impacted by the change.
9. Objectionable Content
You may find some Site Content offensive or objectionable. You agree that your use of the Site, including access to such Site Content, is at your sole risk, and HSP shall have no liability to you for content that may be found to be offensive or objectionable. Descriptions of Site Content available on the Site are for your convenience and HSP does not guarantee their accuracy.
10. Links to Third-Party Websites
We may provide links to websites of third parties, including, without limitation, advertisements of third party products and services and “buy” links to third party vendors to purchase products or services on the Site. If you click on these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
11. Linking to the Site
You agree that if you include a link from any website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner that causes the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.
12. Warranty Disclaimers
We administer, control and operate the Site from our offices in [New York State], the United States of America. The Site is accessible world-wide; however, some of its features, functions or Site Content may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.
Any information we provide on the Site is of a general nature only, and we specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.
Some Site Content is provided by the users of the Site. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content.
THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE SITE.
13. Limitation of Liability
EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SITE CONTENT, OR FOR ANY INFORMATION, SOFTWARE APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE HEREIN LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL WE BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
14. Notification and Counter-Notification of Claim of Copyright Infringement
We respect the intellectual property rights of others and require our users to do the same.
To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to our designated copyright agent:
Jason Kaplan, 1221 Avenue of the Americas, 36th Floor, New York, NY 10020
Do not contact us using this contact information for anything other than for notifying us of a claim of copyright infringement. For all other inquiries, please contact us at info@HowardStern.com.
Your notice must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative sample of such works or a link or URL to such works;
3. 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, as well as a link or URL to all such material at the Site;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have 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
6. A 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.
Upon receiving a proper notification of copyright infringement as described herein, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.
If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications is as follows:
a. To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth herein, with a written communication that sets forth the items specified herein.
b. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that we have removed or to which we have disabled access.
2. Provide your full name, address, telephone number, email address and, if you are a registered user, the user name of your user account.
3. Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S.A., the Federal District Court for the Southern District of New York, and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined herein, or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have 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.”
5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to our designated copyright agent using the contact information provided herein.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of [New York]. If you do wish to file a counter-notice, you should follow the process set forth herein under the heading “Elements of Counter-Notification.”
If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Site infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided herein in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth herein.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
HSP may send you notices by sending an email message to the email address listed in Your Information or by a posting on the Site. Notices shall become effective immediately upon their distribution or posting.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
17. Governing Law.
You agree that the laws of the United States of America and the laws of the State of [New York], without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms and all matters relating to your access to, and/or use of, the Site, including all disputes between you and HSP. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in [New York County, New York], and the related appellate courts, in any related action or proceeding.
18. Entire Agreement.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to us.
© 2013 – The Howard Stern Production Company, Inc. All Rights Reserved.