Illumeo User Agreement
This is a Legally Binding Agreement
This ILLUMEO User Agreement was initially adopted September 9, 2016.
By accessing, viewing, downloading or otherwise using the ILLUMEO™ website or any webpage or feature available through Illumeo, any information provided as part of the Illumeo services, or any related emails or services (hereinafter collectively "Illumeo" or the "Service"), or by clicking "Join Illumeo" during the registration process, you conclude a legally binding agreement with Illumeo, Inc. ("we") based on the terms of this Illumeo User Agreement ("Agreement") and become an Illumeo user ("User"). If you are using Illumeo on behalf of a company or other legal entity, such entity should have a separate agreement with Illumeo, but you are nevertheless individually bound by this Agreement. If you do not want to be bound to this Agreement, do NOT join Illumeo as a registered user and do not access, view, download or otherwise use any Illumeo webpage, information or services whether as a registered or an unregistered user.
Please read this Agreement carefully. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
We may modify, replace, refuse access to, suspend or discontinue Illumeo, partially or entirely, or change and modify terms of this User Agreement or any other terms concerning use of Illumeo at any time and from time to time, without notice, in Illumeo's sole discretion. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted to you under this User Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Illumeo and all related items.
1. Your Obligations — What You Must Do
Illumeo is an online interactive computer service which provides a platform for professional development. You assume all risk in relying on any Content existing on or delivered via the Illumeo website, services and all related tools and services in any form in which they may be delivered (the "Content"). Illumeo makes no representations or warranties concerning the Content including, without limitation, the accuracy or legal sufficiency thereof, or Illumeo's compliance with any requirements that may be imposed on you by third parties, by law or otherwise concerning any Content you use.
Do not rely on this site for business, professional or career decisions: Although Illumeo provides webinars, training courses, white papers and more, such information should not be relied upon for making business, professional, career or any other decision. Your specific circumstances will not be known by the person that is providing insights on the site or via Content. In any case, the information on this site is simply one form of data you can gather in any decision process, and you should get direct, professional help to solve your issues and not rely on Content read or viewed on this website. Illumeo and all of its Content providers will not be held responsible should you make decisions based on the information you gather on this website.
License and warrant your submissions: You own the information you provide Illumeo under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Illumeo can not control search engines (such as Google) and thus may not be able to remove your content from search engines or any other websites that may collect and archive content from websites such as Illumeo.com.
Keep your password secure: Keep your password confidential, do not use other Users' accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (firstname.lastname@example.org), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Illumeo account or any information therein to another party or charging anyone for access to any portion of Illumeo, or any information therein.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Illumeo; (c) are not a direct competitor of Illumeo nor are affiliated in any way with a direct competitor; (d) do not have more than one Illumeo account at any given time; and (e) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
Pay Fees and Taxes: If you purchase or subscribe to any products or services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs including, without limitation, reasonable attorneys fees and court costs and interest for any overdue amounts.
Indemnify us: You hereby indemnify us and agree to hold us, and our owners, managers, employees and agents, and their respective successors and assigns, harmless from any and all damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims, charges or investigations, caused by (a) your reliance for any purpose of any Content posted on the Illumeo website, or (b) any activity in which you engage on or through Illumeo.
Notify us of acts contrary to this Agreement: If you believe that you are obligated to act contrary to this Agreement under any mandatory laws, you shall provide to us, 30 days before you act contrary to this Agreement, written notice describing the action you propose to take and the laws or other basis on which you believe such action is obligated, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Export Control: Your use of the Illumeo site, software, and services is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You have no right to copy, transfer or otherwise dispose of any part of the Service. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service that is part of the Service to any end-user without the prior written consent of Illumeo and without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
2. What You May Do
3. What You May Not Do
As a condition to access Illumeo, you agree you may not do any of the following:
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Illumeo (excluding content posted by you) except as permitted in this User Agreement;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Illumeo, or any part thereof;
- include information in your profile or in Status Updates which reveals your identity beyond such information as is specifically required by forms on the Illumeo website;
- utilize information, content or any data you view on and/or obtain from Illumeo to provide any service that is deemed by Illumeo, in Illumeo's sole discretion, to be competitive against Illumeo;
- share your Illumeo login or any Illumeo course materials whatsoever, including but not limited to: course videos, pdfs, other electronic documents, sample documents, etc., with anyone else ever;
- imply or state, directly or indirectly, that you are affiliated with or endorsed by Illumeo unless you have entered in to a written agreement with Illumeo, Inc. which may expressly authorize you to do so and then only to the extent so authorized;
- use intellectual property of Illumeo, or any Content, to adapt, modify or create derivative works based on such intellectual property;
- rent, lease, loan, trade, sell/re-sell access to Illumeo or any information therein, or the equivalent, in whole or part;
- deep-link to the Site for any purpose, (i.e. including a link to a Illumeo web page other than Illumeo's home page) unless expressly authorized in writing by Illumeo;
- access, reload or "refresh" or make any other request to transactional servers more than once during any sixty second interval;
- access, via automated or manual means or processes, Illumeo for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- engage in "framing," "mirroring," or otherwise simulating the appearance or function of Illumeo's website;
- attempt to or actually access Illumeo by any means other than through the interface provided by Illumeo;
- attempt to or actually override any security component included in or underlying Illumeo;
- engage in any action that interferes with the proper operation of, or places an unreasonable load on, Illumeo infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- remove any copyright, trademark or other proprietary rights notices contained in or on Illumeo, including those of Illumeo or any of its licensors;
- remove, cover or otherwise obscure any form of advertisement included as part of Illumeo;
- use any information obtained from Illumeo to harass, abuse or harm another person;
- collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Illumeo except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
- interfere with or disrupt Illumeo, including but not limited to any servers or networks connected to Illumeo, or disobey any requirements, procedures, policies or regulations of networks connected to the Illumeo website or service;
- upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo;
- use or attempt to use another's account without authorization from the Company, or create a false identity on Illumeo;
- infringe or use Illumeo's brand, logos and/or trademarks, including, without limitation, using the word "Illumeo" in any business name, email, or URL or including Illumeo's trademarks and logos on any website without authorization; or
- upload, post, email, transmit or otherwise make available or initiate any content that:
- falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Illumeo;
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or request. This prohibition includes but is not limited to (a) using Illumeo invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Illumeo to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Illumeo or any User of Illumeo;
- forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
- adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field).
4. Illumeo's Rights and Obligations
The purpose of Illumeo is to provide a platform, or online computer service, for facilitating professional knowledge exchange. Any other use of Illumeo is strictly prohibited and is a violation of this Agreement.
We allow you to access Illumeo as it may exist and be available on any given day subject to this User Agreement. Illumeo may update, improve, discontinue and change its services and offerings, at any time and from time to time, in Illumeo's sole discretion. We have no other obligations, except as expressly stated in this Agreement.
Illumeo reserves the right to withhold, remove and or discard any Content available as part of your account with or without notice at any time and from time to time, in Illumeo's sole discretion. For avoidance of doubt, Illumeo has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
Illumeo reserves the right to close, suspend or otherwise restrict access to any User account at any time and from time to time at Illumeo's sole discretion for any reason or for no reason and without prior notice.
You acknowledge and agree that we may send you important information and notices regarding Illumeo by posting on the Illumeo website, by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about Illumeo, and that you allow Illumeo to update you profile data using third party data sources so that we may keep your professional profile information current. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to , among other things: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Illumeo, its Users and the public. Further, you acknowledge and agree that Illumeo may use information you have shared with us, including but not limited to your title, industry, geography and other User-provided information, to provide you with targeted ads that you may find more pertinent than untargeted ads.
By registering for any Event, or downloading any Illumeo-created content, including but not limited to white papers, videos, customer testimonials, e-books, on-demand webinars, product data sheets, case studies, infographics, analyst reports, event recordings and the like (collectively the "Sponsor Content") on the Illumeo Site, you agree that Illumeo may use your provided contact information to inform you of various products and services Illumeo offers or is considering to offer to you or other Users. If you do not agree to the foregoing, please do not register for the Event or download the Content.
Illumeo and may include or automatically produce links to third party web sites ("Third Party Sites"), for example, via a blog. Illumeo is not responsible for and does not endorse any advertising, products or other materials or content on or available from such web sites or resources. Illumeo may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Illumeo and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering procedures, of any site to which you navigate from Illumeo or relating to any applications you use or install from the site.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
ILLUMEO AND ALL CONTENT PROVIDED ON ILLUMEO.COM IS PROVIDED "AS IS". DO NOT RELY ON ILLUMEO, ANY INFORMATION THEREIN, OR ITS CONTINUATION. ILLUMEO DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICE.
IF YOU ARE DISSATISFIED OR HARMED BY ILLUMEO OR ANYTHING RELATED TO ILLUMEO, YOU MAY LEAVE ILLUMEO AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
ILLUMEO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, FOR THE DELIVERY OF ANY MESSAGES, POSTING OF ANSWERS, OR TRANSMISSION OF, ANY CONTENT SENT OR DISPLAYED THROUGH ILLUMEO TO ANYONE. IN ADDITION, ILLUMEO NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF ILLUMEO WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
ILLUMEO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS PURCHASING OR SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY.
ILLUMEO DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, OPERATION OF ILLUMEO MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. ILLUMEO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ILLUMEO DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ILLUMEO.COM SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET, THE INTERNET SERVICE PROVIDER, OR ANY OTHER REASON UNRELATED TO ILLUMEO.
6. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
NEITHER ILLUMEO, INC NOR ANY OF ITS AFFILIATES, EMPLOYEES, OWNERS, OR MANAGERS ("ILLUMEO AFFILIATES") SHALL BE LIABLE FOR ANY DAMAGES TO YOU (1) IN EXCESS OF $100 IN THE AGGREGATE FOR ANY AND ALL CLAIMS, OR (2) FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM ILLUMEO EVEN IF ILLUMEO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THE PRECEDING SENTENCE SHALL APPLY REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL ALSO APPLY TO ANY PROFESSIONAL-CLIENT COMMUNICATION, RELATIONSHIP, OR REPRESENTATION WITH ANY PROFESSIONAL OR CLIENT IDENTIFIED THROUGH YOUR USE OF ANY SERVICES, OR RELATING TO PROFESSIONAL ADVICE OR INFORMATION YOU RECEIVE, VIEW, ACCESS, OR OTHERWISE OBTAIN VIA ANY SERVICES, AND ANY USE OF OR RELIANCE UPON SAID INFORMATION OR ADVICE IS SOLELY AND ENTIRELY AT YOUR OWN RISK.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH IN THIS AGREEMENT ARE MATERIAL BARGAINED FOR ELEMENTS OF THIS AGREEMENT AND ILLUMEO WOULD NOT HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS OR DISCLAIMERS.
You may terminate this Agreement, for any or no cause, at any time, with written notice to Illumeo which shall be effective upon Illumeo processing such notice and your cessation of use of Illumeo. Illumeo may terminate this Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by Illumeo or the party paying for such services.
Illumeo may, at its sole discretion, limit access to the Service and/or terminate the memberships of any Users who infringe or who are accused of infringing any intellectual property rights of others, whether or not there is any repeat infringement.
8. Consequences of Termination
Upon termination, you lose access to Illumeo. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
9. California Law and Arbitration
Choice of Law and Interpretation: The Agreement and any disputes with us or any Illumeo Affiliate arising out of or relating to this Agreement or Illumeo ("Disputes") shall be governed, to the maximum extent permitted by law, by the laws of either the state in which you reside or the state in which you are located when using the Web Site without giving any effect to such state's principles governing conflicts of laws, excluding conflicts of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. The American Law Institute Principles of the Law of Software Contracts shall not be used to interpret any of the provisions of this Agreement.
Agreement to Arbitrate and Pay Attorneys' Fees: Any Disputes shall be resolved by final and binding arbitration under the rules of the American Arbitration Association, to be held in San Jose, California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration fees and reasonable attorneys' fees of both parties to be borne by the party that ultimately loses. At the request of any party, arbitrators, attorneys, parties to the mediation or arbitration, witnesses, experts, court reporters, or other persons present at a mediation or arbitration shall agree in writing to maintain the strict confidentiality of the proceedings.
Exception from Arbitration Agreement: Subject to Section 10, either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
10. General Terms
Severability: If any provision of this Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this Agreement.
Notices: We may notify you via postings on www.Illumeo.com, email, or any other communications means to contact information you provide to us. You may also notify us via email at Legal@illumeo.com or via mail or courier at Illumeo, Inc., Attn: Legal Department, 75 East Santa Clara St., Suite 1215, San Jose, CA, 95113, USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of this Agreement, effective upon posting at www.Illumeo.com or otherwise notifying you by electronic mail. IF YOU DO NOT WANT TO AGREE TO CHANGES TO THIS AGREEMENT, YOU MUST DISCONTINUE USE OF ILLUMEO.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by this Agreement, no representations, statements, consents, or waivers by Illumeo shall be deemed legally binding on Illumeo, unless documented in a physical writing hand signed by a duly appointed officer of Illumeo.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Assignment and Delegation: You may not assign or delegate any rights or obligations under this Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially. We may also substitute, effective upon notice to you, any third party that assumes our rights and obligations under this Agreement.
11. Professional-to-Client Relations
The Services may from time to time include the ability for you to submit questions to certain types of professionals, including but not limited to attorneys and accountants (the "Professional Members"), and even request that specific professionals respond to your questions. A communications exchange within that aspect of the Services may give rise to a professional-to-client relationship, such as an attorney-client relationship, or representation of limited scope and duration between you (the "client") and the professional that responds to your submitted question.
The Professional Members are not employed by Illumeo. No such information contained on the Website or provided through the Services, constitutes an endorsement of any particular professional or a guarantee of any personal and professional qualities or characteristics of a professional or any advice or opinion he or she may render. Illumeo does not verify nor warrant or guarantee that every individual who holds him or herself out as a professional is in fact registered to provide professional advice in the jurisdictions which he or she may claim.
This website is not intended to create, and does not create, a professional-to-client relationship including but not limited to attorney-client, auditor-client or any advisor-client relationship, and are not subject to standards or requirements of confidentiality and/or privilege associated therewith, nor does it ensure confidentiality between you and Illumeo or between any of its users, and you should not act or rely on any information in this website.
However, if a professional-to-client relationship does arise through any Services, the scope and duration of any professional-to-client relationship or representation between the Professional Member and client arising through an exchange of communication via the Services is limited by the subject matter and nature of the exchange. The scope of this limited professional-to-client relationship or representation extends only to the substance of the submitted question. The Professional Member is under no duty to further investigate, follow-up, review, pursue, take further action, or to continue to represent the client. The duration of such professional-to-client relationship or representation is presumed to end as soon as the responding Professional Member provides their last answer or follow-up communication in the exchange. You acknowledge and understand that in limited circumstances, Illumeo may be required or permitted by law to disclose such communications.
If an attorney-client relationship does arise through any Services, the scope and duration of any attorney-client relationship or representation between the attorney and client arising through an exchange of communication via the Service is limited by the subject matter and nature of the exchange. The scope of this limited attorney-client relationship or representation extends only to the substance of the submitted question. The Professional Member is under no duty to further investigate, follow-up, review, pursue, take further action, or to continue to represent the client. The duration of such attorney-client relationship or representation is presumed to end as soon as the responding attorney provides the last answer or follow-up communication in the exchange.
As an attorney or any other professional, you agree and understand that any malpractice liability which may result from your use or provision of any Services is your sole responsibility and hereby waive, absolve, indemnify, and release Illumeo from any liability, loss, or damage resulting from any malpractice claim arising directly, indirectly, consequentially, or historically from any contact, content, communication, advice, consultation, or representation made using any Services as a conduit. You further agree and understand that in accepting this license, you release, absolve, and indemnify Illumeo from responsibility or liability for loss or damage of any kind, including legal or attorney's fees, incurred by you or your clients or prospective clients as a result of any conflict of interest.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Illumeo, Inc has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Illumeo, Inc.'s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Illumeo, Inc.'s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at abuse@Illumeo.com or by mail at:
ATTN: Copyright Agent
75 East Santa Clara St., Suite 1215, San Jose, CA, 95113, USA
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Illumeo, Inc. may remove or disable access to the material that is alleged to be infringing;
- Illumeo, Inc. may forward the written notification to such alleged infringer; and
- Illumeo, Inc. may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Illumeo, Inc.'s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the Illumeo, Inc.'s Copyright Agent for Notice that includes the following information:
- A physical or electronic signature of the alleged infringer;
- 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 the alleged infringer has 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; and
- The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which Illumeo, Inc. may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- Illumeo, Inc. may promptly provide you with a copy of the Counter-Notification;
- Illumeo, Inc. may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- Illumeo, Inc. may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Illumeo, Inc.'s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain a Buyer or Subscriber from engaging in infringing activity relating to the material on Illumeo, Inc.'s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
To notify Illumeo, Inc. of Content that infringes your rights (other than copyright violations in which case please click here) or is otherwise unlawful ("Specified Content"), you must send a notice to the Illumeo, Inc. Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
- Your name, address, telephone number, and e-mail address;
- A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
- A description of the exact location of the Specified Content on the Web Site;
- In the event you believe that the Specified Content infringes your rights, a statement specifying in detail the rights you assert, and why the Specified Content infringes them;
- (In the event you believe that the Specified Content is otherwise unlawful), a statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person's behalf; and
- Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Illumeo, Inc. Content Complaint Manager
Contact information for Illumeo, Inc.'s Content Complaint Manager is as follows:
75 East Santa Clara St., Suite 1215, San Jose, CA, 95113, USA
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Illumeo with respect to the Illumeo Web Site and the subject matter hereof and it supersedes all prior and contemporaneous communications and proposals, whether electronic, oral or written, between the user and Illumeo with respect to the Illumeo Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be composed and published in English.
Illumeo, Inc., San Jose, California, USA, September 7, 2016.
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