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These terms and conditions (“Terms”) together with any related order forms or purchase orders (“Order Forms”) form a legal agreement between you (“you”, “Customer” or “Researcher”) and Despark Inc. (“Despark”, “us”, “we” or “our”) relating to your use of the prototype analytic services provided via the website despark.io (“Website”), including all related content and services made available on that website (the “Services”).
BY USING THE SERVICES OR ELECTRONICALLY ACCEPTING THESE TERMS, YOU AGREE TO THESE TERMS ON BEHALF OF THE APPLICABLE COMPANY, ENTITY OR OTHER ORGANIZATION THAT IS DESIGNATED AS THE CUSTOMER AT THE TIME OF REGISTRATION, AND YOU ACKNOWLEDGE AND AGREE THAT ALL REFERENCES TO “YOU” OR “CUSTOMER” IN THESE TERMS WILL BE DEEMED TO INCLUDE SUCH COMPANY, ENTITY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PROCEED TO USE THE SERVICES.
YOU HEREBY REPRESENT AND WARRANT THAT YOU: (1) WISH TO USE THE SERVICES ON BEHALF OF, OR WITHIN YOUR CAPACITY AS, A REPRESENTATIVE, AGENT OR EMPLOYEE OF THE ENTITY THAT IS DESIGNATED AS THE CUSTOMER AT THE TIME OF REGISTRATION OR SUBMISSION OF THE APPLICABLE ORDER: AND (2) HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF THE CUSTOMER.
THE SERVICES ARE INTENDED FOR USE BY CUSTOMER IN A COMMERCIAL OR PROFESSIONAL CAPACITY, AND ARE NOT INTENDED FOR CONSUMERS OR IN A PERSONAL CAPACITY. YOU HEREBY REPRESENT AND WARRANT TO DESPARK THAT YOU ARE ENTERING INTO THESE TERMS,AND INTENDING TO USE THE SERVICES, SOLELY IN A COMMERCIAL OR PROFESSIONAL CAPACITY.
Updates: From time to time we may automatically update ourServices to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to agree to an additional terms which apply to such update or new service, you may not be able to continue using the Services.
Changes to Terms: We reserve the right to revise theseTerms from time to time in our sole discretion, for example to reflect changes in law or best practice, or to deal with additional features, services, subscriptions or applications which we introduce.
Websites and Applications You Link To: The Website may contain links to other independent third-party websites and applications ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their terms (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
In order to create an account to use our Services, you must be 18 and be resident in a country from which the Services are accessible.
You must always provide accurate and up to date information. Please note that the email address you provide when you create your account will be used by us to contact you as required under these Terms. You must let us know as soon as possible if any such information becomes out of date.
You must not disclose any user name, password or other piece of information used as part of our security procedures. Such information is to be treated as confidential.If you suspect that anyone other than you know your user name or password, you must promptly notify us.
You are responsible for any use of the Services which occurs under your account, whether by you or another person.
A project consists of a single mission that defines a specific audience and seeks their feedback (each a “Mission” or “Project”). Each individual Mission can either consist of (i) a survey allowing a Respondent to answer your survey questions (each a “Response”), or(ii) an interview study consisting of an interview of a Respondent (each a “Session”).
Missions may facilitate the participation of individuals (“Respondents”) in Missions. In relation to Despark sourced Respondents, Customer agrees that it will not, without Despark’s prior written consent:a) solicit contact information or b) contact such Respondents outside of the specific Mission for which they were sourced. Respondents are neither employees nor agents of Despark but are independent individuals who choose to engage in Missions.
NONE OF DESPARK, ITS AFFILIATES, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ENDORSE ANY RESPONDENT OR ANY OUTPUT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY RESPONDENT). DESPARK EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY RESPONDENTS’ ACTS OR OMISSIONS, ANDFOR THE CONTENT AND ACCURACY OF THE OUTPUT. CUSTOMER’S USE OF, OR RELIANCE, ON RESPONDENTS OR ANY OUTPUT IS AT ITS OWN RISK AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DECISIONS MADE BASED ON SUCH INFORMATION.
Access to Service. In return for you agreeing to comply with these Terms, and the payment of any applicable Fees, Despark grants you anon-exclusive, non-transferrable, non-sublicensable right to permit its employees, agents, independent contractors ("Authorized Users") or authorized third party collaborators ("Collaborators")to access and use the Services for your own internal business purposes or for the business purpose of your customers and in accordance with any restrictions contained within the Order Form. You shall ensure that all Authorized Users andCollaborators use the Service strictly in accordance with these Terms and shall be responsible for any breach of these Terms by the Authorized Users andCollaborators. Each individual must have their own account and individuals may not share their login identity credentials with others.
Restrictions. Further, you agree that you will:
1. Not sell, rent, lease, sublicense, loan, provide, or otherwise make available, the Services except to Collaborators in any form to any person without our prior written consent;
2. Not copy, edit, translate, adapt, merge or make alterations to, or modifications of, the whole or any part of the Services(other than as permitted in these Terms to use the Services), or permit theServices or any part of it to be combined with, or become incorporated in, any other programs;
3. Not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services (or any underlying technology) or attempt to do any such things except to the extent that such actions are permitted by applicable law; and
4. Not use the Services in a manner or for any purpose that is not expressly permitted under these Terms or applicable law or which otherwise infringes the intellectual property rights in the Services.
You also must not:
1. Use the Services in any unlawful manner (includinginfringement of intellectual property rights), for any unlawful purpose, or inany manner inconsistent with these Terms, or act fraudulently or maliciously,for example, by hacking into or inserting malicious code, such as viruses, orharmful data, into any operating system;
2. Infringe our intellectual property rights or those ofany third party in relation to your use of the Services, including by thesubmission of any material (to the extent that such use is not licensed bythese Terms);
3. Transmit any material that is defamatory, offensiveor otherwise objectionable in relation to your use of the Services;
4. Use the Services in a way that could damage, disable,overburden, impair or compromise our systems or security or interfere withother users;
5. Use the Services to send unsolicited marketingcommunications (including, without limitation, to respondents); and
6. Collect or harvest any information or data from theServices or our systems (by automated means or otherwise) or attempt todecipher any transmissions to or from the servers running them.
You acknowledge and agree that a breach of any of these terms may result inimmediate termination or suspension of your account.
Support. Despark shall provide commercially reasonable technical and product support to its users. Support shall only be available in theEnglish language. Any support provided does not include any training services. Despark shall have no obligation to provide support in connection with any error that arises from: (i) use of the Services in a manner other than described in theseTerms; (ii) failure by you to implement reasonable recommendations in respect of the Services; (iii) API integration issues or internet service provider failures. Provision of support as described in this section 4 is your sole remedy with respect to the support of the Services and Despark shall have no other liability or obligation to you with respect to any errors.
Fees: You hereby agree to pay applicable fees for your use of the Services, which fees will be calculated by reference to the information available at https://despark.io/pricingand as specified in an Order (the “Fees”). You acknowledge that any applicable Fees are based on Services ordered and are due irrespective of whether or not you utilize the Services. You agree to pay the amount described upon submission of an order (“Order amount”) as a one-time payment. The Order Amount will be charged upon completion of a Mission, and can be paid via credit card or specific forms of cryptocurrency as defined by Despark. All payments shall be made in the currency in which they are invoiced. You acknowledge and agree that invoices for any Fees incurred as a result of your use of the Services may be submitted by either Despark or one of its affiliates, in Despark’s sole discretion.
Stripe: We use Stripe for payment, analytics, and other business services. Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about Stripe and its processing activities via privacy policy at https://stripe.com/privacy.
Taxes: The Fees and any additional sums payable hereunder are exclusive of any and all relevant taxes, including sales tax which shall be paid by you at the rate and in the manner for the time being prescribed by law.If Despark has a legal obligation to pay or collect tax for which Customer is responsible, Despark will calculate the tax based upon the billing information it has about Customer and charge Customer that amount (which, if Customer’s billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless Customer timely provides Despark with a valid tax exemption certificate acceptable to the appropriate taxing authority.
Late Payment: Despark reserves the right to: (i) charge you interest in respect of the late payment of any sums due (before as well as after judgement) at the rate of 4% (or such other rate as may be specified in the Order Form)per annum above the base rate from time to time of Barclays Bank plc, accruing from the due date thereof until payment; or (ii) suspend the performance of theServices until full payment has been received by Despark.
Accounts: In order to access the Services, you will need to create an account via the Website. From time to time, you may be given the option to purchase a subscription account which will allow you to access and use additional features or services on the Website. You can learn more about subscription accounts, including the price and period of the subscription, by visiting the Website; however, not all content or services may be available to you and we will notify you either at the time of sign up or from time to time to explain what is available to you. For Customers on a subscription plan the payment to Despark for a subscription account will automatically renew at the end of the relevant subscription period, unless you cancel your subscription account by either contacting us at the email address set out in section 11"Contact" of these Terms or following the prompts in your account settings at least 48 hours before the end of the then-current subscription period. Fees paid for a subscription account are non-refundable.
Automatic Renewal: Existing plans will not automatically renew.
Collaborators and Projects. The maximum number of:(i) active Projects; and (ii) additional Collaborators authorized to access and use the Service, shall not exceed the permitted allowance as detailed on theWebsite in respect of the relevant account you have registered for (or as detailed in the Order Form in respect of enterprise accounts). You shall permit Despark to audit your use of Service upon reasonable prior notice to ensure you are not exceeding your permitted allowance. If an audit reveals that you have underpaid any fees to Despark, then without prejudice to Despark's other rights, you shall pay to Despark such underpayment within 7 business days of the date of the relevant audit.
Despark agrees that all of your intellectual property rights in the Missions (including all content provided therein) and all other materials, content or information excludingScreener Information provided by you or your Authorized Users or Collaborators to Despark (collectively, “Customer Content”) shall belong to you. You shall have sole responsibility for the intellectual property ownership of and/or right to use all Prototypes and other Customer Content and the consequences arising from your failure to meet such responsibilities.
To the extent necessary, you hereby grant to Despark a non-exclusive, non-transferrable, royalty free, worldwide license to use your intellectual property rights in the Missions (including all content provided therein).
Despark owns and retains all right, title and interest in and to (i) all screener questions directed to Recruit Participants and (ii) all responses from RecruitParticipants to screener questions (collectively, “Screener Information”). Despark hereby grants to Customer a worldwide, royalty-free, non-exclusive, perpetual license to use, copy and distribute Screener Information generated through Customer’s use of theServices for legitimate purposes, subject to applicable law.
Although Despark has no obligation to monitor use of the Services, Despark may do so and may prohibit any use it believes may be (or is alleged to be) in violation of these Terms, applicable laws, or Despark’s Intellectual Property Policy attached to these Terms. Customer acknowledges that Despark has no obligation to pre-screen Prototypes or Customer Content, although Despark reserves the right in its sole discretion to pre-screen, refuse or remove any CustomerContent from the Services, including if Despark believes it violates theseTerms or is otherwise objectionable, and that Despark reserves the right to terminate accounts.
You shall indemnify and hold Despark and each of its, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) to the extent arising out of or in connection with a claim alleging that use of any information (including personal data) submitted by you for use with the Services infringes a copyright, patent, or a trademark of, or has caused harm to the rights of a third party (including data privacy rights), provided in any such case that Despark: (i) promptly gives notice of the claim to you;(ii) gives you sole control of the defense and settlement of the claim(provided that you may not settle such claim unless such settlement unconditionally releases Despark of all liability and does not adversely affectDespark’s business or the Services); (iii) provides to you all available information and reasonable assistance; and (iv) has not compromised or settled such a third party claim.
All intellectual property rights in the Services and any underlying technology(including to any and all enhancements, modifications, extensions and derivative works thereof) anywhere in the world belong to us or our licensors.The rights in the Services are licensed (not sold or gifted) to you, and you have no rights in, or to, the Services other than the right to use each of them in accordance with these Terms. The Despark name, the Despark logo, and the product names associated with the Services are trademarks of Despark, and no right or license is granted to use them.
Despark owns and retains all right, title and interest in and to RespondentInformation. Despark hereby grants to Customer the right to use Respondent Information, on a Project-by-Project basis, solely as enabled by the Services. Without limiting the foregoing, Customer shall not (i) add any Respondent Information to any Customer contact list or contact database, (ii) sell or provide any RespondentInformation to any third party, or (iii) publicly disseminate or otherwise put into the public domain any Respondent Information.
Despark shall indemnify you against any claim that the normal use of the Services infringes US copyright, patent or trademark rights of any third party provided that: (i) Despark is given immediate and complete control of such claim; (ii)you do not prejudice Despark’s defense of such claim; (iii) you at Despark expense give Despark all reasonable assistance with such claim; (iv) such claim does not arise from your intentional tortious act or negligence; (v) such claim is not based upon the use of the Services in an application or environment for which the Services was not designed or contemplated; (vi) such claim does not arise as a result of modifications and/or improvements of the Services introduced or made by you; and/or (vii) such claim does not arise from the use or combination of the Services or any part thereof with software, hardware, data or processes not provided by Despark, if our Services or use thereof would not infringe without such combination.
Despark shall at its option have the right to change all or any part of the Services in order to avoid any infringement and this section states the entire liability of Despark to you in respect of the infringement of any intellectual property rights of any third party.
You hereby grant to Despark a worldwide, irrevocable, perpetual, sublicensable, royalty-free, fully paid right and license to use and exploit without restriction all feedback and suggestions provided by you or any Authorized Users or Collaborators to Despark (collectively, “Feedback”), including, without limitation, any information about operating results, known or suspected bugs, errors or compatibility problems, suggested modifications, and user-desired features, regarding the Services or any portion thereof.
Despark agrees that the Missions constitute confidential information belonging to you and you agree that the Services (and any information provided by Despark to you) constitutes confidential information belonging to Despark and the receiving party agrees to treat as confidential information the business and marketing plans, technology and technical information, product plans and designs, and business processes of the disclosing party. However, confidential information shall not include any information that is: (i) in the public domain(through no unauthorized disclosure by the receiving party); (ii) already known by the receiving party; or (iii) is disclosed to the receiving party by a third party who, to the receiving party’s knowledge, is authorized to do so.
The receiving party agrees that it may only use the confidential information which it receives from the disclosing party for the purpose of performing its obligations or exercising its rights under these Terms (a “Permitted Purpose”),and that it may only disclose such confidential information to its officers, employees, contractors and agents to the extent they need to know and use it for such Permitted Purpose. The receiving party shall ensure that such officers, employees, contractors and agents are bound by equivalent obligations in respect of the confidential information to those set out hereunder and shall use its best efforts to ensure that they abide by such obligations.
If the receiving party is compelled by law to disclose any of the disclosing party’s confidential information, to the extent permitted by law, the receiving party will promptly notify the disclosing party. If disclosure is ultimately required, the receiving party will furnish only that portion of the confidential information that is legally required.
The receiving party agrees that the disclosing party shall be entitled to seek an injunction or any appropriate decree of specific performance for any actual or threatened violations by the receiving party without the necessity of disclosing party showing actual damages or that monetary damages would not afford an adequate remedy.
Despark will collect, store and use your personal information in accordance with our Privacy Policy.
You acknowledge and agrees that you are responsible for and will comply with all requirements regarding the collection, use, processing, storage, protection, disclosure, transfer and destruction of personal data comprised within the Missions or which is submitted by you as part of use of the Services (including the personal information of testers that you choose to add to any Project). Where you submit any personal data relating to a third party (including your testers)as part of the Services, you must have the permission and/or a lawful basis to share that information with Despark in connection with the Services. To the extent that Despark accesses or holds personal data comprised in the Missions or which is submitted by you for use with the Services, the terms of the Despark Data Processing Agreement, which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms.
This section shall survive termination howsoever arising.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, WE MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES (EXPRESSED OR IMPLIED) OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF RESULTS, OR ARISING FROM COURSE OF DEALING, USAGE, TRADE OR RELIANCE.
Aggregate Liability and Exclusions of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DESPARK BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, TREBLE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT),IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DESPARK’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE USE OF ANY SERVICES, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO DESPARK IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
No Liability for Events Outside our Control: If our provision of the Services, including any update, is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Acts by Respondents: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY ACTS OR OMISSIONS BY ANY RESPONDENT OR ANY LOSSES WHATSOEVER WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY RESPONDENT.
Availability of Services: Whilst Despark shall provide all Services with reasonable skill and care, we do not warrant that theServices will always be available, uninterrupted or error-free, but only to the extent permitted by law.
What we will always be responsible for: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence or for fraud or fraudulent misrepresentation.
Suitability of the Services: The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements. You agree that you are solely responsible for the results obtained from the use of the Services and for conclusions drawn from such use.
Please Back-Up Content and Data Used with the Services: We recommend that you back up any content and data which you use in connection with the Services to protect yourself in case of problems with the Services.You are responsible for the input and maintenance of the Prototypes (and all content contained therein) and for maintaining effective back-up procedures as may be necessary to replace any Prototypes in the event of loss or damage regardless of cause.
Unless expressly stated otherwise in an Order Form, we may terminate these Terms and suspend your access to the Services immediately by written notice to you, including if you break these Terms in a serious way (as determined by us in our discretion) or we suspect that may be the case, or if you suffer an insolvency event or if we consider it necessary to protect the integrity or security of the systems used by us at any time. If what you have done can be put right, we will give you a reasonable opportunity to do so.
On termination for any reason:
1. All rights granted to you under these Terms shall cease and you must immediately cease use of the Services; and
2. We may deactivate your accounts.
You may terminate your account at any time by writing to us at the email address provided in section 11 “Contact”. Any amounts you have already paid to us for paid subscriptions shall be non-refundable, and if you terminate part way through a subscription period you will be liable to pay the full amount for that relevant subscription period.
If you wish to contact us, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail at info@despark.io. If we have to contact you or give you notice in writing, we will do so using the email address that you have provided to us.
Marketing: Customer acknowledges and agrees that Despark may, and hereby authorizes Despark to, include Customer’s name and/or logo in case studies, in marketing content, on Despark’s website, in business proposals and/or in other marketing materials, subject always to any branding guidelines provided by Customer to Despark in writing from time to time. To that end, Customer hereby grants to Despark during the term of any Order Form a revocable, limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use Customer’s name and/or logo (and any intellectual property rights therein) on Despark marketing materials. Should Customer wish to revoke Despark’s right to use its name and/or logo at any time, Customer shall email info@despark.io and Despark will process such requests without undue delay.
Transferring rights: We may assign or transfer our rights and obligations under these Terms to a third party, but this will not affect your rights under these Terms. You may only assign or transfer your rights or obligations under these Terms to another person if we agree in writing.
Failure or delay in enforcing rights: If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, nor will it prevent or restrict the further exercise of that or any other rights. If we do waive a default by you, we will only do so in writing.
No rights for third parties: The Terms are not intended to grant rights to anyone except you and Despark.
Export Controls: Customer agrees that Customer will not, and will ensure that its Authorized Users and Collaborators will not, directly or indirectly ,export or re-export, or knowingly permit the export or re-export of, theServices or any technical information about the Services to any country for which such export or re-export is restricted by any applicable regulation or statute. Customer hereby represents and warrants that: (a) Customer is not located in a country that is subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties or territories, including any such lists maintained by the UnitedNations, the UK Government, the US Government, the European Union or any of its member states; and (b) Customer is not listed on any list of prohibited or restricted parties. The Services and its documentation are deemed to be ‘commercial computer software’ and ‘commercial computer software documentation’, respectively, pursuant to DFAR Section 227.7202 and FAR Section12.212, as applicable.
Severability: Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in these Terms.
Applicable Law and Place of Legal Proceedings: These Terms are governed by and construed in accordance with the laws of the State ofMassachusetts, USA, without reference to its conflicts of law principles. All claims relating to or arising out of these Terms, regardless of legal theory, shall be subject to the exclusive jurisdiction of the courts of Boston, Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
It is Despark’s policy to terminate account privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Despark by the respective intellectual property owner or their legal agent.
Without limiting the foregoing, if you believe that the content of any material uploaded or posted onto the Services infringes your intellectual property rights, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Services of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf.