Intellectual Property Rights Complaint Procedure
IPR complaints and counter-notice procedure for Kids on the Yard with legal protections and governing law
Complaint Procedure
If you believe that content on any of the Kids on the Yard services has violated your copyright or other intellectual property right, please write to our Designated Agent providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right alleged to be infringed;
- A description of the copyrighted work or other intellectual property that you claim to have been infringed;
- Identification of the material that you claim to be infringing, including information regarding its location that would enable it to be located and, if possible, the URL of such infringing material;
- Information that would enable us to contact you, such as your address, telephone number, and email address (if available);
- A statement by you to the effect that you believe in good faith that the use of the infringing material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, under penalty of perjury, that the above information contained in your communication is accurate and that you are authorized to act on behalf of the owner of copyright or other intellectual property right.
See INFRINGEMENT REPORT for example.
Your notice with the above information to be effective should be sent to our Designated Agent for notice of claims of infringement of copyright and intellectual property rights as listed in the Address Section below.
Please take note that if you knowingly misrepresent that any material or activity is infringing, you may be subject to liability under Section 512(f) of the Copyright Act.
Counter-notice Procedure
If you are a subscriber and you feel that material posted by you on any of the Kids on the Yard / Limitless Virtue LLC services has been wrongly removed, please write to our Designated Agent providing the following information:
- Your physical or electronic signature;
- Identification of material posted by you that has been removed, or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you believe in good faith that the material was removed or disabled as a result of mistake or wrong identification of the material to be removed or disabled;
- Your name, address, email, and telephone number, and a statement to the effect that you consent to the jurisdiction of Federal District Court, within the jurisdiction of which your address is located, or if your address is outside the United States, the Federal District Court, having jurisdiction over the place of business of the service provider Kids on the Yard / Limitless Virtue LLC and that you will accept service of process from the person who provided notification of infringement or his agent.
Your counter-notice with the above information to be effective should be sent to our Designated Agent for notice of claims of infringement of copyright and intellectual property rights as listed in the Address Section below.
Address
Kids on the Yard Attention: Designated Agent (IPR complaints)
Kids on the Yard Limitless Virtue LLC 9701 NE 2nd Ave, Suite #1069 Miami Shores, Florida 33138 U.S.A Email: [email protected] Phone: International: +1 786-382-2000
Please take note that if you knowingly misrepresent that material was removed or activity was disabled as a result of mistake or wrong identification, you may be subject to liability under Section 512(f) of the Copyright Acts. Also, kindly note that we have a policy of terminating the accounts of subscribers who repeatedly infringe copyright or other third-party rights.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIDS ON THE YARD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INTELLECTUAL PROPERTY COMPLAINT PROCESS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
Governing Law
These intellectual property complaint procedures shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under this complaint procedure shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida.
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If you have questions about this policy or need assistance, please contact our support team.
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