Elevent Solutions LLC Terms of Use

1. Elevent Solutions LLC
  • 1.1 What We’re About. Elevent Solutions LLC (“Elevent,” “us,” “we” or “our”) provides a unique ticketing and admissions platform for use by event organizers, sponsors, attendees and registered users.
  • 1.2 Our Services. Elevent’s websites and domains, including http://www.elevent.events/, http://www.eleventsolutions.net, http://www.goelevent.com, http://www.getelevent.com and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our mobile applications that we may provide (collectively, the “Applications”) are offered, maintained and provided by Elevent. We refer to all of these as our “Services.” Elevent is a New York limited liability company with its principal place of business at 256 W 38th Street FL 14, New York, NY 10018.
  • 1.3 Users. Through the Services, Elevent provides a platform for registered users who are event organizers, promoters, planners and charitable organizations (“Organizers”) to create event registration, membership pages, organizer profile, fundraising, administrative and other webpages related to their events, to promote those pages and events to visitors or browsers of the Services and to sell tickets, passes, packages, subscriptions, memberships and registrations, solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
2. Our Terms Of Use.
  • 2.1 Application. The following policy sets forth the terms and conditions upon which you may use the Services (the “Terms of Use”). If you use the Services in any way, these Terms of Use apply to you. By accepting the Terms of Service and using the Services in any manner, you agree to these Terms of Use without modification and enter into a binding contract with Elevent.
  • 2.2 Incorporation By Reference. These Terms of Use and the rights and obligations contained in these Terms of Use are in addition to and are incorporated into the Terms of Service by reference. Nothing in these Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.
3. Your Use Of The Services.
  • 3.1 The Services. Elevent hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable (in accordance with Section 4 of the Terms of Service), limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; and/or (b) if you are an Organizer, creating event registration, membership pages, organizer profile, fundraising and other webpages with respect to, and promoting, managing, tracking, and collecting sales proceeds for, an event, in each case (i) in compliance with these Terms of Use and the Terms of Service; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.
  • 3.2 Applications. You may access and use the Services through our Applications. For clarity, any access to or use of the Services via the Applications and the Applications themselves shall be deemed to be part of the Services and subject to the Terms of Service and these Terms of Use. This right to access and use the Applications may be revoked in accordance with Section 4 of the Terms of Service and Elevent may discontinue or modify the Applications as set forth in Section 12 below.
4. Elevent's Role.
  • 4.1 Listing Service and Limited Agent. Elevent is not the organizer or owner of the events or goods listed for sale or registration on the Services. Elevent provides the Services, which allow Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event page. In the event that an Organizer has elected to use Elevent’s Direct Processing Service, Elevent also acts as the Organizer’s limited agent solely for the purpose of using its third party payment providers to collect payments made by Attendees on the Services with respect to an event or goods and passing such payments through to the applicable Organizer. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
  • 4.2 Selection of Payment Processing Method. As an Organizer, you may select your preferred payment processing method for your event, provided, however, that once you sell the first ticket to an event you may not change the payment processing method for that event. As an Attendee, you will be using whatever payment processing method the Organizer of the applicable event has selected. If the Organizer has selected a payment processing method that uses a third party to process the payment, then neither Elevent nor any of its third party payment processing partners will process the transaction, but Elevent may transmit your payment details to the Organizer’s designated payment provider. If the Organizer has elected to use Elevent’s Direct Processing Service, Elevent will use third party payment processing partners to process the transaction as Organizer’s limited payment agent.
  • 4.3 Fees. All descriptions of standard fees on the Services represent the standard fees that Elevent charges to Organizers and Organizer agrees to pay to Elevent. These fees may vary based on individual agreements between Elevent and certain Organizers. Organizers ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the prices set by the Organizer and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Elevent to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Elevent, but may in some cases include an element of profit and in some cases include an element of loss. Elevent does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates
  • 4.4 Refunds. Because all transactions are between an Organizer and its respective Attendees, Elevent asks that all Attendees contact the applicable Organizer of their event with any refund requests. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern, provided that the refund policy must be consistent with Elevent’s Attendee Refund Policy Requirements available here. In the event that an Organizer has not responded to a refund request within two (2) business days or there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact Elevent. Elevent may, in its discretion, attempt to mediate such dispute, however, Elevent will have no liability for (a) an Organizer’s failure to give refunds; (b) Elevent’s failure to mediate a dispute; or (c) Elevent’s decision if it does mediate the dispute.
5. Email.
  • 5.1 Email Tools. Elevent may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:
    • (a) you have all right and authority necessary to send emails to the addresses on your recipient list, including without limitation, that such addresses were gathered on an opt-in basis in any jurisdiction where that is required by applicable local, state, provincial, national or other law, rule or regulation, and your emailing of such addresses complies with the privacy policy under which the recipient emails were gathered and which was disclosed to recipients at the time of gathering;
    • (b) your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
    • (c) your use of the Email Tools will be solely to advertise, promote and/or manage a bona fide event that you have listed on the Services;
    • (d) your use of the Email Tools and the content of your emails complies with Section 8.1 of these Terms of Use;
    • (e) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
    • (f) you will identify the email message as an advertisement or commercial in nature;
    • (g) you will not hide, disable, remove, or attempt to hide, disable or remove any unsubscribe links that Elevent includes on an email; and
    • (h) you will not email any person that you know or have reason to know has opted out of receiving emails from you.

  • 5.2 Remedies. If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards (as determined by Elevent) or if your emails are found to cause disruption to the Services, Elevent may, among other actions, limit or suspend your access to the Email Tools.
6. Account, Password And Security.
  • 6.1 Registration. As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that Elevent shall be the sole arbiter of such dispute in its discretion and that Elevent’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
  • 6.2 Security. You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify Elevent of any unauthorized use of your password or account or any other breach of security.
  • 6.3 Age Restrictions. Elevent is concerned about the safety and privacy of children. For this reason, and to be consistent with the terms of use of any third party service providers used by Elevent, you must be at least eighteen (18) years of age, or the legal age of majority where you reside, to use the Services. Otherwise you may use the Services only with the involvement of a parent or guardian. In any event, you may not use the Services if you are under the age of thirteen (13).
7. Content.
  • 7.1 Site Content. You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Elevent in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Elevent may own the Site Content or portions of the Site Content may be made available to Elevent through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of Elevent and is protected by copyright laws. Except as expressly authorized by Elevent in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. You shall use the Site Content only for purposes that are permitted by these Terms of Use and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
  • 7.2 Your Content. You acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to Elevent a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating and promoting the Services (including Elevent's promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Elevent does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms of Service, including without limitation these Terms of Use and the Privacy Policy. In addition, Your Content must be accurate and truthful. Elevent reserves the right to remove any of Your Content from the Services at any time if Elevent believes in its discretion that it violates the Terms of Service, including without limitation, these Terms of Use. In addition, you agree that Elevent may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Elevent both on the Services and in marketing, advertising and promotional materials.
  • 7.3 Feedback & Revisions. You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Elevent by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Elevent or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Elevent. All Feedback and Revisions become the sole and exclusive property of Elevent and Elevent may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Elevent any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Elevent. At Elevent’s request, you will execute any document, registration or filing required to give effect to these provisions.
8. Conduct.
  • 8.1 Certain Restrictions. You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:
    • (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • (b) harm minors in any way;
    • (c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes for which you have received express written consent from Elevent and conducted in a manner that complies in all respects with any terms and conditions required by Elevent;
    • (d) impersonate any person or entity, including, but not limited to, an Elevent representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
    • (f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • (g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
    • (h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;
    • (i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms of Service (including without limitation these Terms of Use;
    • (j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    • (k) attempt to probe, scan or test the vulnerability of any Elevent server or network or breach any security or authentication measures, unless you are an authorized contractor of Elevent specifically engaged to provide such services;
    • (l) attempt to avoid or circumvent any technological measure implemented by Elevent to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
    • (m) solicit any User to use a third party service that competes with Elevent;
    • (n) advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
    • (o) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
    • (p) conduct any resale of previously-purchased tickets, passes, registrations or other products;
    • (q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
    • (r) collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Elevent’s prior written consent; or
    • (s) stalk or otherwise harass any person or entity.

  • 8.2 Certain Remedial Rights. You acknowledge that Elevent does not pre-screen Your Content or the Content of any other User in connection with the Services, but that Elevent and its designees shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms of Service, including without limitation, these Terms of Use. If we believe that Your Content could be changed so as to not violate the Terms of Service, we will attempt to send you notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, state, provincial, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that Elevent may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Use; and/or (d) protect the rights, property and/or personal safety of Elevent, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
9. Sub-domains.
  • Elevent may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].[domain].com) for a given event. All such sub-domains are the sole property of Elevent and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Elevent provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms of Service, including without limitation, these Terms of Use. If Elevent terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
10. Additional Services.
  • Elevent may, upon request, and for such fees as Elevent may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site and Applications, including without limitation, marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up, providing live chat and call center support services, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms of Service, including without limitation, these Terms of Use. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of Elevent, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.
11. Service Modifications.
  • Elevent’s platform and Services are constantly evolving. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to Elevent as you use the Services, there would be no refund of fees already due following any such change to the Services.
12. Links.
  • 12.1 Third Party Websites. The Services may provide, or Users may provide, links to other Internet websites or resources. Because Elevent has no control over such websites and resources, you acknowledge and agree that Elevent is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Elevent partners or third party service providers.
  • 12.2 Linked Accounts. As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that Elevent may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.
13. Privacy; Customer Information.
  • 13.1 Privacy Policy. All information provided by Users or collected by Elevent in connection with the Services is governed by Elevent’s Privacy Policy, a copy of which is located here. The Privacy Policy is incorporated into the Terms of Service by reference. Elevent strongly recommends that you review the Privacy Policy.
  • 13.2 Co-Ownership. Elevent follows a “co-ownership model” with respect to Attendee Information (as defined below). This means that all Attendee Information inputted by an Attendee on event pages posted by an Organizer on the Services will be shared with the applicable Organizer and may also be used by Elevent in accordance with our Privacy Policy, including marketing or promotion of other events or services that may be of interest to the applicable Attendee. Note that Payment Data (as defined below) will not be shared with Organizers. Each Attendee acknowledges and agrees to this sharing and understands and agrees that each Organizer is solely responsible for the use of Attendee Information that was provided to such Organizer through the Services and that Elevent is responsible only for its own use of Attendee Information. Each Organizer represents, warrants and agrees that (a) it will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to Attendee Information; (b) it will at all times comply with any applicable policies posted on the Services with respect to Attendee Information; and (c) upon a request of a given Attendee or as permitted in Section 8.2 of these Terms of Use, Elevent is authorized at its discretion to delete or anonymize Attendee Information of a requesting Attendee from the Services at which time it will no longer be available to Organizer through the Services or will no longer be linked to an identifiable Attendee through the Services. However, Attendees should note that Attendee Information may still be available in the Organizer’s own databases if transmitted prior to Elevent receiving the underlying request. For purposes of this Section, “Attendee Information” means information about a given Attendee made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests, credit card type, last 4 credit card digits and phone numbers, but excluding Payment Data.
  • 13.3 Payment Data. Elevent will not share with an Organizer any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organizer, so Attendees should enter such information only under “Payment” on the order payment page.
14. Trademark & Copyright Policy
  • 14.1 Scope
    • (a) Third Party Content. All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), relating to an event on the Services is posted by third party event organizers, attendees or other parties and not by Elevent (collectively, “Third Party Content”). However, Elevent takes intellectual property rights seriously. For that reason, we have created a simple process to deal with complaints of alleged infringement of third party trademark rights and copyrights by Third Party Content posted on the Services. This process covers copyrights (e.g., written text, photographs, sound recordings and video clips) and trademarks/servicemarks (e.g., logos, slogans and names identifying a good or service).
    • (b) Application. The following policy sets forth the process by which any third party who believes that their trademark and/or copyrights are being infringed by Third Party Content may have such Content removed from the Services.

  • 14.2 14.2 Removing And Re-Posting Of Third Party Content.
    • (a) Getting Allegedly Infringing Content Removed. If you believe in good faith that any Third Party Content made available in connection with the Services infringes your copyright or trademark rights, you (or your agent) may send us a takedown notice requesting that the Content be removed, or access to it be blocked. Such takedown notices need to contain the following information in order for Elevent to be able to take action:
      • (i) Information reasonably sufficient to permit Elevent to contact you (i.e., name and address, telephone number and/or email address);
      • (ii) Sufficient information to identify the copyrighted works or trademarks that are allegedly being infringed, including registration number and registration office if applicable;
      • (iii) Sufficient information to identify the allegedly infringing material that is to be removed and its Internet location (i.e., URL address);
      • (iv) A statement that you have a good faith belief that the use of the material is not authorized by the owner, its agent or the law;
      • (v) A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed material or you are authorized to act on behalf of such owner; and
      • (vi) A physical or electronic signature of the person submitting the takedown notice. The simplest and most efficient way to submit a written takedown notice is by reporting the infringement to our Trust and Safety Team, which is our DMCA/Trademark Agent, at accounts@eleventsolutions.net. Filing this notice is the fastest method for reporting alleged copyright and/or trademark infringement.

    • (b) Liability. Please note that by submitting a takedown notice, you agree that Elevent may provide copies of such takedown notice to the alleged infringer and that the information in such takedown notice is subject to Elevent’s Privacy Policy. In addition, you will be liable for any damages (including costs and attorneys’ fees) incurred by Elevent or the alleged infringer in the event you knowingly and materially misrepresent that Third Party Content is infringing (taking into consideration copyright defenses (such as fair use) and exceptions). If you are unsure whether the material you are reporting is infringing, you should contact an attorney before filing a takedown notice. Elevent cannot provide you with legal advice as to whether or not you are entitled to file a takedown notice.
    • (c) Takedown. Upon receiving a valid and fully completed takedown notice, Elevent expeditiously removes or disables access to the allegedly infringing material and notifies the alleged infringing party.
    • (d) Getting Content Reposted That Is Not Infringing. Note that if your material has been removed by Elevent from the Services, the fastest way to get your material reposted is to remove the portions of your material that are allegedly infringing as specified in the takedown notice. However, if you cannot or will not remove the allegedly infringing material and you have a good faith belief that the material was removed or access was disabled by mistake or misidentification, you may send a written counter notice to Elevent. Such counter notices need to contain the following information in order for Elevent to be able to take action:
      • (i) Information reasonably sufficient to permit Elevent to contact you (i.e., name and address, telephone number and/or email address);
      • (ii) Sufficient information to identify the material that has been removed or to which access has been disabled and its location before removal (i.e., URL address);
      • (iii) A statement under penalty of perjury that you have the good faith belief that the material was removed or access to the material was disabled by mistake or misidentification;
      • (iv) A statement that you are the account holder of the account to which the takedown notice relates or an authorized representative of such account holder;
      • (v) A statement that you consent to jurisdiction of the federal district court in which your address is located, or if you reside outside the United States, for any judicial district in which Elevent may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person; and
      • (vi) A physical or electronic signature of you or your authorized representative (i.e., an agent).

    • (e) The simplest and most efficient way to submit a written counter notice is reporting the notice to our Trust and Safety Team, which is our DMCA/Trademark Agent, at trust@Elevent.com. Filing this form is the fastest method to have your dispute reviewed. As a member of the Elevent community, we ask that you only submit counter notices for materials that you believe (in good faith) that you are entitled to use. Please note that by submitting a counter notice, you agree that Elevent may provide copies of the counter notice to the complaining party and that the information in such counter notice is subject to Elevent’s Privacy Policy. Please also note that there may be statutory periods that Elevent must wait and certain inactions on the part of the complaining party for Elevent to be able to repost the allegedly infringing material.
    • (f) Notice Address. If you do not wish to fill out and submit the electronic forms above, takedown notices and counter notices must be submitted in writing to the address below, which is the address of our agent for purposes of the Digital Millennium Copyright Act.

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