Terms of Use

hyperfundit.com (61)in #website • 6 years ago (edited)

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Terms of Use

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and HyperFundIt LLC and its affiliated companies (collectively, “HyperFundIt” or “we” or “us” or “our”), concerning your access to and use of the https://www.hyperfundit.com website and/or the @hyperfundit.com page as well as any other media form, media channel, or mobile website related or connected thereto (collectively, the “Website”). The Website provides the following Services: A venue where Users may host crowdfunding Campaigns, a social platform for Users to connect with one another, and a marketplace for Users to find sponsorship opportunities with Users who are hosting Campaigns. The Website also runs functions that assist in these Services including but not limited to the Hype Button, Upvote Button, and the Claim Rewards Button (“HyperFundIt Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

HyperFundIt makes no representation that the Website is appropriate or available in other locations other than where it is operated by HyperFundIt. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject HyperFundIt to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT HYPERFUNDIT MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS HYPERFUNDIT SERVICES OR THE WEBSITE.

If and when HyperFundIt makes material changes to this Agreement, HyperFundIt will notify you through one or more of the following procedures, to ensure that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it: (1) Providing an updated post on @hyperfundit.com or (2) posting a notification on the Website.

If HyperFundIt is acquired or merged with another company, your information may be transferred to the new owners so that you can continue to access the Services.

DEFINITIONS

The following are definitions of terms used throughout the Website and this Agreement:

A. “User”/”Users”: Anyone who visits the Website or uses HyperFundIt Services and has agreed to this Terms of Use Agreement. This includes but is not limited to “Influencers”,”Supporters” and “Project Creators” or anyone who has created a HyperFundIt account.

B. “Influencer”/”Influencers”: A User who has influence on a social media platform, with the intention to connect with Project Creators for sponsorship opportunities.

C. “Project Creator”/”Project Creators”: The monitor or creator of a Campaign.

D. “Supporter”/”Supporters”: A User who donates to a Campaign or is browsing through our Website with the intention to donate to a Campaign.

E. “Service”/”Services”: The HyperFundIt Website and HyperFundIt’s Services.

F. “HyperFundIt”, “us”, or “we”: The platform or website HyperFundIt and the Services it provides along with its owners, employees, partners, and consultants.

G. “Campaign”/”Campaigns”: The profile that represents a Project Creator’s active efforts in raising money for a particular purpose. Campaign is both the physical profile and the duration of time in which the profile is actively crowdsourcing and crowdfunding. A typical Campaign on HyperFundIt lasts for about 42 days.

H. “Content”: Any Content submitted by Users to HyperFundIt, including but not limited to photographs and videography created to be published on third party platforms for the promotion of a Campaign, or materials submitted in profiles, Campaigns or comments.

I. “Hype”: When an Influencer creates Content to help promote a Project Creator’s Campaign. The Hype Button on HyperFundIt allows Influencers to contact a Project Creator to request the opportunity to Hype them.

J. “Support”: When a User upvotes or donates to a Project Creator’s Campaign. To donate, the Website has Claim Reward buttons on each Campaign, in which the User is sent to SteemConnect, which collects the information needed for the User to transfer SBD to that Campaign.

USER REPRESENTATION

Regarding your registration

By using the HyperFundIt Services, you represent and warrant that:

A. you are not a minor in the jurisdiction in which you reside (generally under the age of 18), or if a minor, you have received parental permission to use this Website; and

B. your use of the HyperFundIt Services does not violate any applicable law or regulation.

You also agree to (a) provide true, accurate, current and complete information about yourself to the HyperFundIt team and (b) maintain and promptly update campaign data to keep it true, accurate, current and complete. HyperFundIt has the right to ask you for additional information to verify your identity if there is any reason for HyperFundIt to suspect fraud, in which you must (c) provide that additional information. If you provide any information that is untrue, inaccurate, not current or incomplete, HyperFundIt has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HyperFundIt has the right to blacklist your account and refuse any and all current or future use of the Website (or any portion thereof) or HyperFundIt Services. (c) You are also responsible for the security of your account. (d) If you believe your account has been compromised, you must alert HyperFundIt immediately. If you do not do so, any activity that violates this Agreement will be the responsibility of the User whose identity is linked to the account in question. If your account violates any terms of this Agreement, HyperFundIt has the right to blacklist your account and refuse any and all current or future use of the Website (or any portion thereof) or HyperFundIt Services.

Regarding the Verification Checks

A User may be asked to provide additional information to verify their identity to the HyperFundIt team. Each piece of information will attribute to a verification check on the User’s campaign page. These verification checks will be made visible to the public to allow other Users to evaluate the authenticity of your identity.

Regarding Content You Provide

The Website may invite you to chat or participate in message boards and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast Content and materials to HyperFundIt and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Content”). Any Content you transmit to HyperFundIt will be treated as non-confidential and non-proprietary. When you create or make available a Content, you thereby represent and warrant that:

A. the creation, distribution, transmission, public display, and performance, accessing, downloading and copying of your Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize HyperFundIt and the Website users to use your Content as necessary to exercise the licenses granted by you under this Agreement;

C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Website;

D. your Content is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by HyperFundIt), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

E. your Content does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

F. your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

G. your Content does not otherwise violate or link to material that violates, any provision of this Agreement or any applicable law or regulation.

Regarding Account Termination

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, HYPERFUNDIT RESERVES THE RIGHT TO, IN HYPERFUNDIT’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND HYPERFUNDIT’S SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND HYPERFUNDIT MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND HYPERFUNDIT SERVICES, BLACKLIST YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN HYPERFUNDIT’S SOLE DISCRETION.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. All provisions that survive under this Agreement will continue to remain in the rights of HyperFundIt. Any Campaigns you launched will not be deleted from our archives and will still be accessible with the Campaign’s URL.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT HYPERFUNDIT DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTED BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If HyperFundIt blacklists your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to blacklisting your account, HyperFundIt reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

CODE OF CONDUCT

You may not access or use the Website for any other purpose other than that for which HyperFundIt makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HyperFundIt. To ensure the safety, comfort, and authenticity of HyperFundit’s culture for all Users, you will be held to the following Code of Conduct. HyperFundIt can and will provide: (1) warnings to, (2) partial or short-term suspension of or (3) complete suspension or termination of accounts that violate the Code of Conduct or any other parts of this Agreement. Prohibited activities include but are not limited to:

A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website

B. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website

C. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools

D. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software especially to replicate clicks or impressions

E. interfering with, disrupting, or creating an undue burden on the Website or the networks or Services connected to the Website

F. making any unauthorized use of the HyperFundIt Services, including collecting usernames and/or email addresses of users by electronic or other means, for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses

G. systematic retrieval of data or other Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HyperFundIt

H. using the HyperFundIt Services as part of any effort to compete with HyperFundIt or to provide services as a service bureau

I. deleting the copyright or other proprietary rights notice from any Website Content

J. selling or otherwise transferring your profile

K. tricking, defrauding or misleading HyperFundIt and other Users, including but not limited to using a false identity, providing false information, promising rewards with no intention of fulfilling them or promising to use complementary products in promotional Content with no intention of doing so

L. harassing, annoying, intimidating or threatening any HyperFundIt employees or agents engaged in providing any portion of the HyperFundIt Services to you

M. harassing, threatening, abusing, or harming another person(s) through our Services or with information obtained from the Website

N. using or offering prohibited items that are illegal or violates any section of this Agreement. This includes but is not limited to alcohol, drugs, or adult/pornographic Content.

O. posting, linking, suggesting or participating in anything inappropriate or scandalous

P. engaging in activity that will negatively affect your or HyperFundIt’s reputation

Q. sending malicious malware or viruses to any other person(s) through our site

R. committing criminal or tortious activity including but not limited to:

stealing information or money from HyperFundIt or other Users,
violating or putting HyperFundIt or other Users in violation of the FTC Endorsement Guides,
infringing upon HyperFundIt, other Users, or a Third Party’s rights or breaching any legal obligations,
impersonating another person, using the username of another User, or falsifying any information about yourself

S. using the Website in a manner inconsistent with any and all applicable laws and regulations

OUR RIGHTS

HyperFundIt reserves the right but does not have the obligation to:

A. monitor the Website for violations of this Agreement;

B. take appropriate legal action against anyone who, in HyperFundIt’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

C. in HyperFundIt’s sole discretion decide and modify the eligibility of Users to use the Website;

D. in HyperFundIt’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any HyperFundIt policy;

E. in HyperFundIt’s sole discretion and without limitation, notice or liability to flag any Content deemed inappropriate;

F. in HyperFundIt’s sole discretion and without limitation, reject, cancel, flag, and/or remove a Campaign, or cancel or return any donations to a Campaign;

G. otherwise, manage the Website in a manner designed to protect the rights and property of HyperFundIt and others and to facilitate the proper functioning of the Website.

You agree that HyperFundIt is not liable to you or any third party for any damages resulted from the actions mentioned above.

MODIFICATIONS

To Agreement

HyperFundIt may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the HyperFundIt Services after any such modification becomes effective. HyperFundIt may also, in its discretion, choose to alert all users with whom it maintains contact with by means of it’s Discord channel. It is therefore important that you regularly review this Agreement and join the HyperFundIt Discord channel to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

To Services

HyperFundIt reserves the right at any time to modify or discontinue, temporarily or permanently, the HyperFundIt Services (or any part thereof) with or without notice. You agree that HyperFundIt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the HyperFundIt Services.

To Website

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, availability, and various other information. HyperFundIt reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

LIABILITY/RESPONSIBILITY

HyperFundIt is not liable or responsible for:

ensuring the authenticity of any information posted on the Website by Users including but not limited to information provided in Campaigns or User identity;
ensuring that all Campaigns reach their goals;
ensuring that Project Creators fulfill their rewards or promises in how they use their funds;
ensuring that Influencers partnered with a Campaign create Content meeting the standards of the Project Creator and/or reaching a target audience; and
any losses or damages resulting from using our Services.
HyperFundIt will not be involved in any legal disputes between Users or Users and third parties.

PAYMENT AND FEES

Creating and submitting a Campaign on HyperFundIt’s website is free.

When you launch a Campaign you will be subject to the following fees whether or not the Campaign successfully reaches its goal. At the end of a Campaign, HyperFundIt will collect a fee of 15%.

In the case that HyperFundIt pays for any promotional services for your Campaign post, the “funds raised” is defined by the amount raised after the costs for the promotional services has been deducted from the posts’ total earnings. In the event that the posts’ total earnings is less than the cost of the promotional services, HyperFundIt will not charge the Project Creator for the cost of the promotional services.

When you make a donation to a Campaign, HyperFundIt bills you through a third party online billing account (“SteemConnect”). You agree to pay HyperFundIt all charges at the donation amount you or other persons using your billing account may decide upon, and you authorize HyperFundIt to charge your chosen payment provider for any such donations. You agree to make payment using that selected payment method. HyperFundIt may change prices and fees at any time.

REFUND POLICY

Donations made to a Campaign can be refunded in full up until 48 hours prior to a Campaign’s end date. After the Campaign ends, a Supporter may request a refund directly from the Project Creator and HyperFundIt will no longer be responsible for returning any donations.

UNSOLICITED IDEA SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the HyperFundIt Services (“Submissions”) provided by you through any form of communication medium including but not limited to Steemit comments, Discord messages, Tweets or emails to HyperFundIt are non-confidential and non-proprietary. You acknowledge that Submissions from you may be similar or even identical to products, services, or features developed or in development by HyperFundIt. HyperFundIt (as well as any designee of HyperFundIt) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

NOTIFICATIONS

Except as explicitly stated otherwise, any notifications given to HyperFundIt shall be given by email to the address listed in the contact information below or by direct message in our Discord channel. Any notifications given to you shall be given to the contact information you provide during the initial communications between you and HyperFundIt, or such other address as each party may specify. Notifications shall be deemed to be given twenty-four (24) hours after the message is sent unless the sending party is notified that the contact information is invalid. Notifications given to you may include but is not limited to information about updates to HyperFundIt Services or the Website, or promotional Content about events hosted on the Website. You can opt out of these notifications by muting the HyperFundIt Discord channel.

USER’S INTELLECTUAL PROPERTY

By posting Content to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to HyperFundIt an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing, without any further notice or payment to, or permission needed from you. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, social media handle, channel/blog name, franchise name or any other User attributes, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. HyperFundIt does not assert any ownership over your Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content.

HyperFundIt has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Content, (ii) re-categorize any Content to place them in more appropriate locations or (iii) pre-screen or delete any Content that are determined to be inappropriate or otherwise in violation of this Agreement.

You may not submit or upload any Content that is not legally in your right to use. If you do not own the Content you are submitting you must have bought a license to use the Content and must pay for any royalties owed to the owner of the Content for use on HyperFundIt’s website. HyperFundIt is not responsible for paying any royalties.

You must also ensure that HyperFundIt’s use of your Content is not infringing upon or in violation of any third party’s copyrights, privacy rights, intellectual, proprietary rights or any other applicable laws.

HYPERFUNDIT’S INTELLECTUAL PROPERTY

The Content on the Website (“HyperFundIt Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to HyperFundIt, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. HyperFundIt Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All HyperFundIt graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of HyperFundIt in the United States and/or other countries. HyperFundIt’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HyperFundIt.

HyperFundIt Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and the HyperFundIt Content and to download or print a copy of any portion of the HyperFundIt Content to which you have properly gained access solely for your personal, non-commercial use. HyperFundIt reserves all rights not expressly granted to you in and to the Website and HyperFundIt Content and Marks.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

HyperFundIt does not condone any acts of copyright infringement. If you believe that Content available on or through our Website infringes one or more of your copyrights, please immediately notify our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that Content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney. Our Website has a policy of terminating and blacklisting repeat infringers in appropriate circumstances.

All Notifications should include the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

C. 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 us to locate the material.

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

E. A statement that the complaining party has 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.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to our Designated Copyright Agent as follows:

Designated Copyright Agent
Iris Lee
8 The Rise
Woodbury, NY 11797
Email: [email protected]
Phone: (516) 320 – 5513

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification

If you believe your own copyrighted material has been removed from our Website and/or our Service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

A. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

B. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which our HyperFundIt is located.

C. A statement that you will accept service of process from the party that filed the Notification or the party’s agent.

D. Your name, address, and telephone number.

E. A statement under penalty of perjury that you have a good-faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

F. Your physical or electronic signature.

You may submit your Counter Notification to our Designated Copyright Agent by mail or email as set forth above.