Last Updated: November 10, 2019
The terms “You” and “Your” mean each visitor or customer of the Site; “We”, “Us” “Our”, “Takedwn.com” and “Takedwn” refers to Takedown, LLC; “Services” refers to all our products and services.
Takedwn.com is a convenient technology service that allows You to search for potential copyright infringing material through Copyscape.com (“Copyscape”), and provides interactive forms that assist You in initiating a Digital Millennium Copyright Act (“DMCA”) takedown notice. You understand that Takedwn.com is NOT a law firm and DOES NOT provide any legal advice or legal services. You understand and agree that the use of Takedwn.com does NOT create any attorney-client relationship. That any desire for legal advice, legal services, or exercise of a legal right should be sought through consultation with an independent attorney, and CANNOT be obtained through any use of Takedwn.com. You understand that the Site includes general information on commonly encountered copyright issues. At no time do We review Your Copyscape scan data or DMCA takedown requests for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about Your legal rights, remedies, defenses, options, strategies, or apply the law to the facts of your particular situation. The use of Takedwn.com is at Your own sole discretion, based on Your own independent investigation of Your rights and remedies.
Unless licensed by Us in a separate written agreement, You agree not to combine or integrate the Site or the API with any software, technology, services, or materials not authorized by Us, circumvent any functionality that controls access to or otherwise protects the Site or the API, or remove or alter any copyright, trademark or other proprietary rights notices.
You acknowledge that We reserve the right to refuse service to anyone and to cancel user access at any time.
4. OWNERSHIP. The Site is owned and operated by Takedown, LLC All rights, title, and interest in and to the information, images, and documents provided on this Site are owned by Takedown, LLC or by those explicitly identified. Any rights not expressly granted herein are reserved. Takedown, LLC is located at 7650 S. McClintock Dr, Suite 103-352 Tempe, AZ 85284.
5. LINKS TO THIRD PARTY SITES. The Site may contain links to websites owned or controlled by entities other than Takedwn (“external websites”). Takedwn has partners and affiliates with whom it works and whose external websites are linked with Takedwn. Takedwn may also provide links to external websites that are not affiliated or working with Takedwn. Any link to an external website shall not be interpreted as an endorsement, guarantee, or approval by Takedwn of that other website or its services or products. Takedwn is not responsible for the content, products, or services on any of these external websites. The links to external websites are provided only for convenience and does not convey by Takedwn any representation of its rights to anything on or related to those external websites. Any use by You of these external websites is at Your own risk and You acknowledge and agree that Takedwn is not responsible for any loss or damage You may incur from use of an external website.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please carefully read and review this section. It affects and limits your rights.
We strive to resolve any customer concerns quickly and to the customer’s satisfaction. If You need help or have an issue with the Site, please email as soon as possible at [email protected], so that we may have an opportunity to address Your issue. However, it is possible that a dispute may arise which You feel we are unable to satisfactorily resolve. In the unlikely event that We are unable to resolve Your issue to Your satisfaction, after we have had an opportunity to address Your issue, You agree that resolution of that issue will be resolved through binding arbitration or in small claims court rather than in a general jurisdiction court.
If You have any questions about binding arbitration or how this affects Your rights, Takedwn encourages you to seek the advice of an independent attorney before using Takedwn’s services.
An arbitration is a less formal dispute resolution than a lawsuit in a federal or state court. Arbitration is decided by a neutral arbitrator rather than a judge or jury, which allows for less formal procedures and less discovery.
You also agree that any arbitration under these terms will be on an individual basis and not as a class.
You agree to arbitrate all disputes and claims between You and Takedwn before a single arbitrator administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The types of disputes You and Takedwn agree to submit to arbitration are meant to be interpreted broadly and apply without limitation to the following:
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To initiate an arbitration a party must first send a written notice of the dispute to the other party by U.S. certified mail. A Notice to Takedwn should be addressed to: Notice of Arbitration, Legal Department, Takedown, LLC, 7650 S. McClintock Dr, Suite 103-352 Tempe, AZ 85284. The notice must describe in detail the dispute and the relief You seek. If, after 30 days from when the notice is received, You and Takedwn are not able to reach an agreement to resolve the dispute either You or Takedwn may commence an arbitration proceeding before JAMS.
To initiate an arbitration before JAMS, You must follow the process outlined for JAMS at www.jamsadr.com and also send a copy of any Demand for Arbitration that You submit to JAMS to Us at: 7650 S. McClintock Dr, Suite 103-352 Tempe, AZ 85284.
If Your total demand for relief is less than $5,000 (USD), then: (a) you may choose whether your participation in the arbitration will be conducted on the basis of documents provided to the arbitrator, through a telephonic hearing, or by an in-person hearing; (b) Takedwn will reimburse your filing fees up to a total of $1,500 (USD) unless the arbitrator determines that your claims are frivolous; and (c) Takedwn will not seek attorney’s fees and costs, unless the arbitrator determines that your claims are frivolous. You are responsible for Your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
You agree that Your use of the Site is a transaction or website use consisting of interstate commerce, and that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement. Arbitration shall be initiated and occur in Phoenix, Arizona, United States, and You and Takedwn agree to submit to the personal jurisdiction of any federal or state court in Phoenix, Arizona in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In arbitration you may recover attorney’s fees from Takedwn to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court. Although under some laws Takedwn may have a right to an award of attorneys’ fees and expenses, if it prevails in an arbitration proceeding, Takedwn will not seek such an award, for claims under $5,000.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms, you and Takedwn are each waiving the right to a trial by jury or to participate in a class action.
This binding arbitration agreement shall survive the termination of Your use of the Site.
7. SECURITY AND AUTHORIZED ACCESS. Takedwn takes the Site and system security seriously and takes reasonable steps to ensure such security, but cannot guarantee absolute security. You agree to confidentially maintain any username or password that You create to use Our Site. You agree to notify Us as soon as You learn of any unauthorized use of Your username or password. We are not responsible for any losses You incur as a result of anyone else’s use of your username or password.
If Takedwn suspects a username is being used by anyone who is not authorized by the proper user, Takedwn may temporarily disable that access and will contact the proper user as soon as feasible.
8. RIGHTS AND RESPONSIBILITIES OF TAKEDWN USERS. You are legally and ethically responsible for any content or information that you post or transmit using the Site. In transmitting information and content through the Site, You agree that You will not submit anything:
By using the Site You agree that You grant Takedwn a free and irrevocable license to use such content in any way Takedwn desires without compensation to You.
By submitting your email address in connection with Your use of the Site, You agree that Takedwn may use your email address to contact you about Your use of the Site and other administrative purposes.
9. NO WARRANTY BY TAKEDWN.
THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TAKEDWN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TAKEDWN MAKES NO WARRANTY THAT THE SITE MEETS YOUR REQUIREMENTS, AS TO THE ACCURACY OF THE FORMS OR INFORMATION ON THE SITE, OR THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
USE OF THE SITE IS AT YOUR OWN RISK AND TAKEDWN SHALL NOT BE LIABLE FOR ANY HARM TO YOU OR YOUR COMPUTER OR PHONE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR RELATED SERVICES.
10. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. You agree that any use of the Site by You is in accordance with all applicable laws and that it respects the intellectual property rights of others. You agree not to use the Site for any illegal purpose or in an attempt to exercise or claim any intellectual property rights that do not belong to You. At all times, Your use of the Site is governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree that You are solely responsible for the consequences of Your use of the Site, with respect to any perceived intellectual property rights belonging to You or any person referenced by You in the information You provide while using the Site.
11. ADDITIONAL ASSISTANCE. Takedwn aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Takedwn website, or otherwise have difficulties using the Takedwn website, please email our customer care team at [email protected] and they will assist you.
12. TAKEDOWN INTELLECTUAL PROPERTY. All contents of the Site, including but not limited to its design, text, graphics, the selection and arrangement thereof, are Copyright © Takedown, LLC. Takedwn and Takedwn.com are service marks, trademarks, and/or trade dress of Takedwn. ALL RIGHTS RESERVED
14. USE OF TAKEDWN OUTSIDE THE UNITED STATES. Takedwn makes no representations that the Site is appropriate or available for use outside of the United States. If You use the Site outside of the United States, You agree that You do so at Your own risk and are solely responsible for compliance with all United States Department of Commerce export regulations, and Department of the Treasury Office of Foreign Assets Control sanctions regulations. You further represent that You are not located in any sanctioned geographic area or are an individual, entity, or associated with either an individual or entity who is subject to any sanction by the United States government.
15. DISCLAIMER OF WARRANTIES AND LIABILITY. Use the Site services and information entirely at your own risk. Takedwn’s services and information are provided “as is” without any guarantees or warranties. Electronic and online distribution of services and information entails inherent uncertainties, delays, inaccuracies, omissions, delays and risks. THEREFORE NEITHER TAKEDWN, NOR ANY RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (COLLECTIVELY, “TAKEDWN AND AFFILIATES”) WARRANT THAT ANY INFORMATION OR SERVICE IS ACCURATE, RELEVANT, FREE OF INFRINGEMENT, CURRENT, FIT FOR A PARTICULAR PURPOSE, OR MERCHANTABLE.
TAKEDWN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY TO YOU OR ANYONE ELSE THAT CAUSED IN ANY PART BY ITS NEGLIGENCE OR ACTIONS BEYOND ITS CONTROL IN OBTAINING, PROVIDING, ORGANIZING, STATING, OR INTERPRETING ANY SERVICES, INFORMATION, OR CONTENT THROUGH ITS SITE. CERTAIN INFORMATION DISPLAYED ON TAKEDWN IS PROVIDED DIRECTLY BY THIRD PARTIES AND TAKEDWN DOES NOT REVIEW OR MONITOR THAT INFORMATION FOR ACCURACY OR RELEVANCY, INCLUDING INFORMATION OR ALERTS ABOUT POTENTIAL PLAGIARISM OF YOUR CONTENT. IN NO EVENT WILL TAKEDWN AND ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY DECISION OR ACTION BY YOU IN RELIANCE ON THE CONTENT OR SERVICES ON THE SITE.
IF THERE IS LIABILITY FOUND ON THE PART OF TAKEDWN, IT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS AND/OR SERVICES IN THE MONTH PRECEDING THE EVENT AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
16. COPYSCAPE INTELLECTUAL PROPERTY. Copyscape is the copyright of Indigo Stream Technologies, Ltd. All rights reserved. Indigo Stream actively protects all trademarks of Indigo Stream Technologies or its affiliates.
17. COPYSCAPE SCAN RESULTS. By using Takedwn, you understand that there may be copies of your site on the Internet or elsewhere which are not reported in the Copyscape scan results. Copyscape use a search engine index to find copies of your site, so they may miss text contained in Flash animations, images such as JPEG and GIF, movies such as QuickTime, or other formats that are not picked up by search engines. Copyscape may also miss new text on the Web that has not yet been indexed. Takedwn is not liable for any omission or inclusion in the results provided by the Copyscape scan.
18. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Takedwn and its affiliates against any and all disputes, claims, and expenses including attorneys’ fees that arise from Your use of the Site and any services or information provided through the Site.
Each party will indemnify, defend and hold harmless the other party from and against any loss, claim, cost or damage, including court awards, damages and reasonable attorneys’ fees, in the event any claim, cause of action, or lawsuit or other like proceeding is asserted against the other party arising out of any: (i) material breach of this Agreement; (ii) negligence or willful misconduct of the indemnifying party; (iii) violation of applicable law, or (iv) reasonable claim of infringement of any third party’s intellectual property rights, right of publicity, or privacy rights. This Section shall survive any termination or expiration of the Agreement.
19. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with the use of Takedwn.com, I agree to these Terms of Service.