KeepTree 2.0 Terms of Service

I. Your Acceptance

1. MODE OF ACCEPTANCE - By using the services provided by KeepTree, Inc. (hereinafter “KeepTree”), which includes using or visiting the KeepTree.com website, any KeepTree.com affiliate websites, or any KeepTree products (including but not limited to mobile applications, whether branded under the KeepTree name or not), software, data feeds, and services provided to you on, from, or through the KeepTree.com website, any KeepTree.com affiliate websites, or any KeepTree products (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), and (2) KeepTree’s privacy policy (the “Privacy Policy”), found at http://www.keeptree.com/privacy and incorporated herein by reference. If you do not agree to any of these Terms of Service or the Privacy Policy, please do not use this Service.
2. MODIFICATIONS AND REVISIONS TO TERMS - Although we may attempt to notify you when major changes are made to these Terms of Service or the Privacy Policy, you should periodically review the most up-to-date version at http://www.keeptree.com/terms. KeepTree may, in its sole discretion, modify or revise these Terms of Service and Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

II. The Service

1. APPLICATION AND SCOPE – These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service, and those who view Content on the Service. “Content” includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of KeepTree, including but not limited to all products, software and service offered via the KeepTree.com website or any KeepTree.com affiliate websites, such as the KeepTree.com player, the KeepTree.com recorder, all mobile applications connected to the KeepTree.com website or any KeepTree.com affiliate website, and other applications.
2. THIRD PARTY LINKS – The Service may contain links through various means (including but not limited to advertisements, links added by users in comments, and via unauthorized access to the Service by a third party) to third party websites and applications that are not owned or controlled by KeepTree. KeepTree has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party site or application. In addition, KeepTree will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve KeepTree from any and all liability arising from your use of any third-party website or application.
   a. Accordingly, we encourage and advise you to be aware when you leave the Service and to read the terms of service, conditions, and privacy policy of each other website or application that you visit.
3. THIRD PARTY CONTENT – KeepTree will use its best efforts to screen all PUBLIC Content from third parties to avoid your exposure to harmful or offensive materials. Despite the above, KeepTree has no control over and assumes no responsibility for public content prior to a user report. If there is harmful public content, please report it immediately through the channels provided in the Service and KeepTree will use its best efforts to take appropriate action, the extent and nature of which shall be in KeepTree’s sole discretion.
   1. As to PRIVATE Content, KeepTree has no control over and assumes no responsibility for user generated private content. By using the Service you acknowledge the foregoing and expressly relieve KeepTree of any and all liability for harm or loss stemming from user generated private content.
      1. If private user content is offensive or harmful, please report it through the channels provided in the Service and KeepTree will take appropriate action, the extent and nature of which shall be in KeepTree’s sole discretion.
      2. If you experience harassment, unsolicited commercial communications (ie. “SPAM”), or any other violation of these Terms of Service by a KeepTree user, you may utilize the block user option or report abuse and KeepTree will take appropriate action, the extent and nature of which shall be in KeepTree’s sole discretion.
4. CESSATION OF SERVICE – In the event of a cessation of service, users will be notified in advance, and for a thirty day period they will be given an option to download their videos or burn their videos onto a DVD at the current price for such services offered by KeepTree as of the date of cessation. By using the Service, you acknowledge the possibility that due to unforeseen circumstances, there may be a cessation of KeepTree service, and agree to indemnify and hold harmless KeepTree, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law any liability that arises from the cessation of service, including the inability to deliver messages sent using the KeepTree “FutureSend” feature on the specified date.
5. LOSS OF CONTENT – KeepTree will use its best efforts to preserve your Content, including security provisions, back-up of video files, and additional back-up of video files for premium users based on the different levels of paid subscription. Despite these efforts, by using the Service, you acknowledge the possibility of loss of your Content due to accident, error, and technical issues, including but not limited to those caused by unauthorized access to the Service by a third party, and you release KeepTree from any liability or claims that may arise in the event of such a loss.
   

III. KeepTree Accounts

1. GENERALLY – In order to access some features of the Service, you will have to create a KeepTree account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information.
2. LIABILITY AND DUTIES – You are SOLELY responsible for the activity that occurs on your account, and you are responsible for keeping your password secure. You must notify KeepTree immediately of any breach of security or unauthorized use of your account so that KeepTree may take appropriate action, under their sole discretion under these Terms of Service.
   1. KeepTree is not responsible for ANY liability arising from either authorized or unauthorized use of your account.
   2. Although KeepTree is not responsible for any liability arising from both authorized and unauthorized use of your account, you acknowledge that by using the Service you may be liable for the losses of KeepTree or others due to such use, including indemnification of KeepTree, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law, for any judgments (or settlements) against it which arise from the unauthorized use of your account.
3. FREE KEEPTREE ACCOUNTS – Free KeepTree Accounts, also known as “Basic” Accounts, allow videos to be stored up to one year only. Free accounts have a storage limit of forty five (45) minutes.
   1. By agreeing to these Terms of Service and using a Free KeepTree Account, you are acknowledging that videos you send or receive may be deleted after one year if you do not register and pay for a Paid KeepTree Account, and video content may be deleted if you exceed the storage capacity allowed for a Free KeepTree Account holder.
   2. By agreeing to these Terms of Service you are expressly releasing KeepTree from any liability for losses that occur as a result of these deletions under the Free KeepTree Account policies.
4. PAID KEEPTREE ACCOUNTS – Paid KeepTree Accounts, both “Premium” and “Pro,” allow videos to be stored for longer than one year, for the duration of the paid membership. Premium KeepTree Accounts have a storage limit of five (5) hours. Pro KeepTree Accounts have a basic storage limit of twenty (20) hours. If you exceed the storage limit of your Pro KeepTree Account, you may be asked to pay an additional subscription fee to prevent the deletion of some of your Content.
   1. By agreeing to these Terms of Service, you acknowledge that the videos you send or receive may be deleted if you do not continue your Premium or Pro membership for any reason, including but not limited to cancellation, failure to pay subscription fee, or termination of your account by KeepTree for violation of these Terms of Service. You also acknowledge that video content may be deleted if you exceed the storage capacity allocated to your paid membership status.
   2. By agreeing to these Terms of Service you are expressly releasing KeepTree from any liability for losses that occur as a result of these deletions under the Paid KeepTree Account policies.
5. PAYMENT –
   1. SUBSCRIPTION - In order to access some features of the Service, you will have to create a paid KeepTree Account, either Premium or Pro, which requires a subscription fee. As a holder of such accounts (hereinafter “Subscriber”), you are responsible for paying periodic membership fees in accordance with the current fee plans as of the date of subscribing. Until such time as this Agreement is terminated in accordance with its provisions, you agree to pay your subscription fee by credit card or other approved facility or mechanism offered KeepTree through its Service.
   2. PAYMENT FOR PURCHASES – In order to access some features and products of the Service, you will have to pay a stand-alone purchasing fee. You are responsible for paying these fees by credit card or other approved facility or mechanism offered by KeepTree through its Service.
   3. CREDIT CARD CHANGE AND SECURITY – By using any of the paid features of the Service, you agree to immediately inform KeepTree of any of the following changes to your credit card account (or an account on another approved facility or mechanism):
      1. Change in home or billing address.
      2. Card loss or theft
      3. Unauthorized usage of the card or account
      4. Apparent breach of security of KeepTree Account or payment account, such that unauthorized access to the Service via the card or payment method is possible.

Unless you give proper notice to KeepTree of such, you will (a) remain liable to KeepTree for any and all charges for unauthorized use of the Service, and (b) be responsible for and release KeepTree from any liability from the deletion of any of your Content due to KeepTree’s inability to collect payment.

IV. Refund and Cancellation Policy

1. CANCELLATION – Subscribers may cancel their paid account at any time by notifying KeepTree via email at [email protected] with the subject heading “Cancel Account.” Account cancellations will take effect:
   1. For monthly subscriptions, at the end of the billing month in which the cancellation occurred.
   2. For yearly subscriptions, at the end of the billing term in which the cancellation occurred.
   3. BILLING MONTH – For clarification, a billing month will be calculated beginning on the starting date of the annual or monthly subscription, and the next month will begin on the same numbered date of the subsequent calendar month (ie. if the subscription starts January 21, the next month will begin on February 21, then March 21, etc.).
2. AUTOMATIC RENEWAL – Monthly subscription paid accounts will be automatically renewed on the same date each month. Yearly subscription paid accounts will automatically be renewed on the same date each year.
3. REFUNDS – the refund policy outlined below applies to both cancelled accounts and accounts terminated by KeepTree for a violation of these Terms and Services. The availability of refunds will be governed by the following conditions:
   1. FULL REFUND ON ORIGINAL SALE – While we understand that sometimes there are extenuating circumstances, full refunds are given out at the sole discretion of KeepTree, and ONLY apply to an original transaction and not to an automatic renewal. If you would like a full refund:
      1. Forward the original transaction receipt to cancel at keeptree dot com with the subject heading “Refund.”
         
      2. All full refund requests must come within 3 days of the original sale to be considered.
         
      3. Included in the forwarded email should be a detailed reason why you are requesting a refund.
         
      4. Prior to giving you a refund, you must allow KeepTree the opportunity to help you resolve any technical issues that may or may not be happening with your access to the Service.
         
   2. NO REFUND ON CANCELLED AUTOMATIC MONTHLY RENEWAL – there will be no pro-rated refunds for accounts cancelled (or terminated by KeepTree for a violation of these Terms of Service) mid-month during a monthly renewal cycle. If you cancel during a certain billing month, your account will not be renewed and will be cancelled at the end of the billing month. If you are terminated during a certain billing month, your account will be immediately cancelled, but you will not be entitled to a pro-rated refund.
   3. NO REFUND ON CANCELLED YEARLY SUBSCRIPTION – If you cancel a year-long subscription (or are terminated by KeepTree for a violation of these Terms of Service), there will be no refund on such cancellation or termination. If cancellation is voluntary, it will become effective as of the end of the billing term in which cancellation occurs. Termination for violation of these Terms and Services follows the same refund policy, but cancellation of the account is immediate).

V. Account Termination and Restriction Policy

1. TERMINATION OF OR RESTRICTIONS ON ACCOUNT – By using the Service, you acknowledge and agree that KeepTree may take appropriate action, which may include but is not limited to termination or restriction of your access to the service if, under the appropriate circumstances, you are determined to be a repeat OR egregious infringer of the Terms of Service, Privacy Policy, or any other policies for conduct on the service proliferated by KeepTree. KeepTree reserves the right to determine a “repeat” or “egregious” infringer of its policies based on its sole discretion.
2. REMOVAL OF INNAPPROPRIATE CONTENT – KeepTree reserves the right to decide whether Content violates the Terms for reasons other than copyright infringement, including but not limited to pornography, obscenity, excessive length, or violation of specific Content policies laid out herein. KeepTree may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of the Terms.
3. REFUND OF TERMINATED ACCOUNT – If you have a paid account that is terminated under this policy, you will be entitled to a refund under the terms of the Refund and Cancellation policy as if you chose to cancel on the date of the termination. The single difference from that policy is that your account will be cancelled immediately as opposed to terminating at the end of the billing month.

VI. General Restrictions and Agreements for Use of Service

1. PERMISSION TO ACCESS AND USE THE SERVICE – KeepTree hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that you agree to the Restrictions and Agreements set forth below.
2. GENERAL RESTRICTIONS – Permission to use the Service is subject to the following restrictions, and by using the Service you agree to abide by such restrictions. You also acknowledge that failure to abide by these restrictions may subject you to personal liability for all loss to any party that occurs as a result of such failure, and may subject your account to termination or restriction at KeepTree’s sole discretion. By using the Service you further expressly relieve KeepTree of any liability that may occur due to use of the Service that violates these restrictions, and expressly agree to indemnify and hold harmless KeepTree, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law for any judgment (or settlement) against it which arises from such use. The restrictions of use are as follows:
   1. You shall not distribute any part of the Service or Content without KeepTree’s prior written authorization, unless KeepTree makes it possible as functionality in the Service itself (ie. the player/recorder).
      
   2. You shall not alter or modify any part of the Service.
      
   3. You shall not access Content through any technology or means other than the video playback pages of the Service itself (ie. the player/recorder) or other explicitly authorized means KeepTree may designate or make available.
      
   4. You shall not use the Service for any of the following commercial uses unless you obtain KeepTree’s prior written approval:
      1. Sale of access to the Service;
      2. Sale of advertising, sponsorships, or promotions placed on or within the Service or Content;
      3. Sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from KeepTree appears on the same page and is of sufficient value to be the basis of such sales.
      4. Prohibited commercial uses DO NOT INCLUDE:
1. Uploading an original video to KeepTree, or maintaining an original channel or account on KeepTree to promote your business or artistic enterprise.
   1. Despite the above, KeepTree reserves the right to respond to any user reports of “spamming” and take appropriate action, which may include but is not limited to cancellation of your account or restrictions on your account usage.
2. Any use that KeepTree authorizes in writing.
5. You shall not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the KeepTree servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, KeepTree grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. KeepTree reserves the right to revoke these exceptions either generally or in specific cases.
6. You shall not collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, video) for any commercial solicitation purposes not specifically authorized in these Terms of Service or in writing by KeepTree. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
7. In your use of the Service, you shall comply with all applicable laws.'
3. AGREEMENTS AND ACKNOWLEDGEMENTS OF USE
   1. UPDATES OF SERVICE – If you use the Service on the website or mobile application, you agree that it may automatically download and install updates from time to time from KeepTree. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit KeepTree to deliver these to you) as part of your use of the Service.
   2. DISCONTINUANCE OF PART OF SERVICE – By using the Service, you agree and acknowledge that KeepTree reserves the right to discontinue any aspect of the Service at any time, subject only to any limitations or contingencies outlined in another section of these Terms and Services. By using the Service, you agree to release KeepTree from any liability for losses that occur as a result of discontinuation of any part of the Service under this section.

VII. Restrictions, Conditions, and Agreements Specific to Use of Content

1. NO LIABILITY FOR ACCESS TO INNAPPROPRIATE OR UNAUTHORIZED CONTENT – Content is provided AS IS and is generated as private and semi-private communication by KeepTree users. Although KeepTree will use its best efforts to respond to reports of abuse, obscenity, copyright infringement, and other violations of these Terms of Service and Privacy Policy in order to take appropriate action, you understand that when using the Service, you will be exposed to Content from a variety of sources, and that KeepTree is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KeepTree with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless KeepTree, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service and from any liability for loss or harm that results from your exposure to such content.
2. NO UNAUTHORIZED USE OR COPYRIGHT INFRINGEMENT – You can access content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under the Terms. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of KeepTree or the respective licensors of the content. KeepTree and its licensors reserve all rights of the Service and Content not expressly granted in these Terms.
3. NO INTERFERENCE WITH SECURITY – You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on the use of Service or the Content therein.
4. NO GUARANTEE OF CONFIDENTIALITY OF CONTENT – As a KeepTree account holder you may submit Content to the Service, including videos and user comments. KeepTree will use its best efforts to ensure the privacy and confidentiality of your Content and personal information as outlined under the Privacy Policy. Despite the foregoing, you understand that KeepTree does not guarantee any confidentiality with respect to any Content you submit, and you agree to indemnify and hold harmless KeepTree, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law of any liability or loss resulting from breach of confidentiality.
5. USER HAS SOLE RESPONSIBILITY AND LIABILITY FOR THEIR CONTENT – You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. Pursuant to this, by using the Service and submitting Content you agree to take full responsibility for any liability or loss that results from such submission and expressly agree to indemnify and hold harmless KeepTree, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law.
6. NO ILLEGAL CONTENT - You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
7. COMMUNITY GUIDELINES - You further agree that you will not submit to the Service any Content or other material that is contrary to any community guidelines or regulations (“Community Guidelines) regarding the Service promulgated by KeepTree separately from these Terms of Service. Upon implementation of such Community Guidelines that you must follow pursuant to these Terms of Service, KeepTree will notify all users of the Service via email and further incorporate them by reference into these Terms.

VIII. Intellectual Property and Content Ownership

1. INTELLECTUAL PROPERTY OWNERSHIP RIGHTS, GENERALLY – The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to KeepTree, subject to copyright and other intellectual property rights under the law.
2. WARRANTY OF PERMISSION AND LICENSE OF RIGHTS FOR USE IN SERVICE - You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. By submitting Content you license to KeepTree all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
3. NO THIRD PARTY COPYRIGHTED MATERIAL – You further agree and warrant that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant KeepTree all of the license rights granted herein. Pursuant to this agreement, you agree to indemnify and hold harmless KeepTree, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law of any liability or loss resulting from a breach of this warranty.
4. OWNERSHIP AND LICENSE OF CONTENT – By submitting Content to the service, you thereby grant KeepTree all ownership in all rights to your Content. Further, KeepTree will be permitted to use and exploit the Content on a world-wide, non-exclusive, royalty-free, sub-licensable and transferable basis, and will have the right to reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and KeepTree’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part of all of the Service (and derivative works thereof) in any media format and through any media channels. Further, KeepTree grants you permission to use and exploit the Content THAT YOU SUBMIT on a world-wide, non-exclusive, royalty-free, sub-licensable and transferable basis.
5. LICENSE OF YOUR CONTENT TO OTHER USERS – By submitting Content to the Service, you thereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform Content as permitted through the functionality of the Service and under these Terms of Service.
6. CONTENT DISCLAIMER – KeepTree does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and KeepTree expressly disclaims any and all liability in connection with Content.
7. REMOVAL OF COPYRIGHT VIOLATIONS UPON PROPER NOTICE – KeepTree does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and KeepTree will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. KeepTree reserves the right to remove Content without prior notice pursuant to this policy.
8. LICENSED PHOTOGRAPHS PROVIDED BY GETTY IMAGES – Some aspects of the Service incorporate wholly-owned Getty Images Entertainment still photographs and images that are licensed to KeepTree by Getty Images (US), Inc. (“Licensed Material”). By using the Service and the Licensed Material, users agree to the following terms and restrictions:
   1. Licensed Material may only be used by incorporation into peer-to-peer video mail messages which may have accompanying text and audio as created via the Service, for display solely in digital form.
   2. Users may not sell, modify, re-use, re-sell, distribute, display, reproduce, archive, or make any other use of the Licensed Material.
   3. Licensed Material may not be used:
      1. On a stand-alone basis with no other content;
      2. For pornographic, defamatory or other unlawful purposes;
      3. In electronic templates used to create electronic or printed products;
      4. In physical or digital retail products, such as e-cards, calendars, posters, or screensavers;
      5. For the purpose of enabling file-sharing of the image file;
      6. In logos, trademarks, services marks or any other branding or identifiers; or
         vii. For any commercial, promotional, endorsement, advertising or merchandising purpose.
   4. If License Material featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, the user must include a statement that the image is used for illustrative purposes only and the individual is a model.
   5. Users may not activate the “right-click” function in Licensed Material, remove any metadata in Licensed Material, or reverse engineer, decompile, or disassemble the KeepTree website or applications to enable the download or use Licensed Material on a stand-alone basis.
   6. No ownership or copyrights to Licensed Material are granted to users.
   7. KeepTree shall not reconfigure or repurpose the Licensed Material with the intention of making such Licensed Material available for access via mobile telephony technology, either by KeepTree transmitting such data to the user or the user downloading such data.
   8. User agrees to the Getty Images License Agreement (“Getty Agreement”) as applied to the use of Licensed Material in connection with the Service, which may be found at http://www.gettyimages.com/Corporate/LicenseInfo.aspx. The Getty Agreement may be updated from time to time by Getty Images (US), Inc., and the user agrees to and is responsible for following the updated terms and restrictions in the Getty Agreement whenever they use the Licensed Material in connection with the Service.

IX. Digital Millennium Copyright Act Notice Provision

1. NOTICE - If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
   
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   Contact Information for KeepTree’s Copyright Agent to receive notifications of claimed infringement under the DMCA:
   
   Brody Ehrlich
   333 Seventh Avenue, 10th Floor
   New York, NY 10001
   Email: brody at keeptree dot com
   Fax: (646) 205-3609
   
   For clarity, only DMCA notices should go to the Copyright Agent. All other feedback, comments, requests for technical support, and other communications should be directed to KeepTree customer service through contact at keeptree dot com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
2. COUNTER-NOTICE. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
   1. Your physical or electronic signature;
   2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
   3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
   4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
   If a counter-notice is received by the Copyright Agent, KeepTree may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at KeepTree’s sole discretion.

X. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KEEPTREE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. KEEPTREE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. KEEPTREE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KEEPTREE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

XI. Limitation of Liability

IN NO EVENT SHALL KEEPTREE.COM , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT KEEPTREE.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by KeepTree from its facilities in the United States of America. KeepTree makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

XII. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless KeepTree, its owners, operators, officers, directors, employees, agents, affiliates, licensors, and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

XIII. Additional Provisions (ie. Misc)

1. ABILITY TO ACCEPT TERMS OF SERVICE – You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SERVICE IS NOT INTENDED FOR CHILDREN UNDER 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
2. ASSIGNMENT – These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KeepTree without restriction.
3. SEVERABILITY – If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
4. CHOICE OF LAW AND FORUM CLAUSE – By using this Service, you agree that: (a) the Service shall be deemed solely based in New York, NY; and (b) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over KeepTree, either specific or general, in jurisdictions other than New York, NY. These Terms of Service shall be governed by the internal substantive laws of the State of New York, NY, without respect to its conflict of laws principles. Any claim or dispute between you and KeepTree that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York County, New York, NY.
5. ENTIRE AGREEMENT – These Terms of Service, together with the Privacy Policy at http://www.Keeptree.com/privacy and any other legal notices published by KeepTree on the Service, shall constitute the entire agreement between you and KeepTree concerning the Service.
6. WAIVER – No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and KeepTree’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
7. AMENDMENT – KeepTree reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. '
8. STATUTE OF LIMITATIONS – YOU AND KEEPTREE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.