AGREEMENT BETWEEN USER AND DotNetNuke The Store
The DotNetNuke The Store Web Site is comprised of various Web pages operated by DotNetNuke The Store.
The DotNetNuke The Store Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the DotNetNuke The Store Web Site constitutes your agreement to all such terms,
conditions, and notices.
"AGREEMENT") CAREFULLY BEFORE USING THE SERVICES AND WEBSITES (COLLECTIVELY, THE
“WEBSITE”) OFFERED BY DOTNETNUKE CORPORATION (“DOTNETNUKE,”
“STORE.DOTNETNUKE.COM,” OR THE "COMPANY"). BY VISITING THE WEBSITES OR USING THE
SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY
AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF
ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER,
ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY
AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE
THE WEBSITE OR SERVICES AND MUST IMMEDIATELY CEASE ANY USE OF THE SITE AND
SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER
DotNetNuke reserves the right to change the terms, conditions, and notices
under which the Website is offered, including but not limited to any charges
associated with the use of the Website. DotNetNuke will have the right to modify
and restate the terms and conditions at any time by posting a notice on the
Website, or by sending you a notice via email or postal mail. You shall be
responsible for reviewing and becoming familiar with any such modifications.
Your continued use of the Website after such modifications will be deemed to be
your conclusive acceptance of all modifications to the terms and conditions. If
you are dissatisfied as a result of such modification(s), your only recourse is
to immediately discontinue use of the Website.
LINKS TO THIRD PARTY SITES
The Website may contain links to other web sites ("Linked Sites"). The Linked
Sites are not under the control of DotNetNuke and DotNetNuke is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
DotNetNuke is not responsible for webcasting or any other form of transmission
received from any Linked Site. DotNetNuke is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
DotNetNuke of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to DotNetNuke that you
will not use the Website for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Website in any manner which
could damage, disable, overburden, or impair the Website or interfere with any
other party's use and enjoyment of the Website. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the Websites.
As a condition to using certain aspects of the Website, you and other users
of the Website (“Users”) will be required to register with DotNetNuke and select
a password and screen name (“User ID”). You shall provide DotNetNuke with
accurate, complete, and updated registration information. Failure to do so shall
termination of your User ID. You shall not (i) select or use as a User ID a name
of another person with the intent to impersonate that person; (ii) use as a User
ID a name subject to any rights of a person other than you without appropriate
authorization; or (iii) use as a User ID a name that is otherwise offensive,
vulgar or obscene. DotNetNuke reserves the right to refuse registration of, or
cancel a User ID in its sole discretion. You are solely responsible for activity
that occurs on your account and shall be responsible for maintaining the
confidentiality of your password. You shall never use another user’s account
without such other user’s express permission. You will immediately notify
DotNetNuke in writing of any unauthorized use of your account, or other
account-related security breach of which you are aware.
BUYING PRODUCTS ON THE WEBSITE
The Website provides functionality which allows Users who are developers
(“Developers”) to upload content, software and/or other digital products
(collectively, “Developer Products”) to the Website and sell such Developer
Products to other Users (“Buyers”) via download from the Website. The Website
provides a platform for the Developers and Buyers to negotiate and complete
transactions. The Website is not involved in the actual transaction between
Developers and Buyers and is not the agent of and has no authority for either
for any purpose. Developers provide Developer Products directly to Buyers.
Developers assume responsibility for all aspects of their Developer Products,
including any content or data contained in them and documentation provided in
connection with them. Developers are strictly prohibited from adding a link to
their listing of their Developer Products which direct Buyers away from the
Website for the purpose of completing a sales transaction. At its discretion,
DotNetNuke may remove such links or postings and may consider such actions by
termination of Developer’s User ID. Developer is allowed to add a link to their
posting that directs the Buyer to a website for educating the Buyer about the
Develop Product. Additional links or similar tactics to increase the developer’s
site SEO are prohibited. All inquiries regarding Developer Products will be
directed to the provider of the applicable Developer Product. DotNetNuke does
not provide, or exercise any control or oversight over, the Developer Products.
If you purchase a Developer Product through the Website, you warrant that any
payment method selected by you when purchasing a Developer Product shall enable
you to make full and immediate payment for the requested products, including any
recurring payments associated with such products. The Payment Service helps
facilitate purchased transactions and is not the purchaser of the Developer's
goods. DotNetNuke will use reasonable efforts to assist Buyers with contacting
Developers for support, but does not and cannot guarantee that support will be
provided by Developers. When you purchase a Developer Product through the
Website, you hereby consent to DotNetNuke providing your contact information to
the Developer who is selling such Developer Product.
DotNetNuke may issue refunds in its discretion in connection with
(i) Developer Products not received due to an error with the Website, and (ii)
refunds authorized by the applicable Developer. Without limiting DotNetNuke’s
discretion as set forth in the foregoing sentence, DotNetNuke will not issue a
refund for (a) Developer Products that consist of a “free,” “trial,” or “demo”
version, (b) Developer Products which were purchased for the wrong platform, or
(c) any Developer Product which was purchased more than thirty (30) days prior
to the Buyer’s refund request. Developers may choose to authorize refunds for
their products, provided that Developers may have refund policies which differ
Developer’s refund policy prior to ordering a Developer Product if it is not
provided on the Website.
SELLING PRODUCTS ON THE WEBSITE
As set forth above, the Website provides functionality which allows
Developers to upload Developer Products to the Website and sell such Develop
Products to Buyers via download from the Website. Developers provide Developer
Products directly and assume responsibility for all aspects of their Developer
Products, including any content or data contained in them and documentation
provided in connection with them. All inquiries regarding Developer Products
will be directed to the provider of the applicable Developer Product. DotNetNuke
does not provide, or exercise any control or oversight over, the Developer
Products. DotNetNuke retains the right to reject or remove Developer Products
from the Website in DotNetNuke’s sole discretion.
By posting, uploading, inputting, providing or submitting your Developer
Product you warrant and represent that: (i) the Developer Product does not
infringe, violate, or misappropriate any rights of any third party; and (ii) you
own or otherwise control all of the rights to your Developer Product including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Developer Product. You hereby grant DotNetNuke a worldwide,
nonexclusive, sublicensable, perpetual, irrevocable, royalty-free, fully
paid-up, transferable right and license to copy, modify, publicly display and
publicly perform your User Submissions for the purpose of providing such
Developer Products through the Website.
You will set the fees (the “Developer Product Fees”) you charge and the
license terms (“Developer Product License Agreement”) for your Developer
Products through the Website. At any time (other than during system maintenance
or other outages) you may change the Developer Product Fees for your products
through the Website. DotNetNuke handles payment processing for Developer Product
Fees. DotNetNuke will collect and process credit card or other payment
information from each Buyer of your Developer Products and, following
DotNetNuke’s verification of the Buyer’s credit card or other payment
information, collect the Developer Product Fees. DotNetNuke will maintain an
account for you (your “Proceeds Account”) into which DotNetNuke will deposit all
of the proceeds DotNetNuke has actually collected from buyers for your Developer
Products. By no later than sixty (60) days following the end of each calendar
month, DotNetNuke shall pay you the amount deposited during that month after
deducting Commission Fees (as defined below), bad debts (such as credit card
returns or fraud), credit card transaction fees, disputed payments and refunds
(the “Deductions”). Provided that (1) your Proceeds Account has a positive
balance, (2) you are in good standing with the Store, and (3) the payment
information you have submitted to DotNetNuke is current, correct and complete,
DotNetNuke shall use good faith reasonable efforts to remit to you the current
balance of your Proceeds Account every two weeks. If your Proceeds Account has a
balance of one thousand dollars ($1,000.00) or more, you may request that
DotNetNuke make such payments by wire transfer.
DotNetNuke fees (“Commission Fees”) shall be calculated on your Proceeds
Account in accordance with the rate schedule set forth at
http://store.dotnetnuke.com/make-money/become-a-seller.aspx after making all
Deductions. DotNetNuke shall be entitled to deduct the Commission Fees prior to
remitting your income. When DotNetNuke makes a payment to you, it shall provide
you with accounting statements describing the gross proceeds DotNetNuke actually
received on your behalf during the period covered, Deductions and Commission
DotNetNuke also offers Users the ability to earn referral fees for referring
Users to the Website, under the terms and conditions of our referral program
(the “Referral Program”). Prior to participation in the Referral Program, you
must agree to our standard referral agreement (the “Referral Agreement”), which
found at http://store.dotnetnuke.com/make-money/referral-program.aspx.
DotNetNuke retains the right, but does not have the obligation, to immediately
halt the provision of Developer Products, prevent or restrict access to the
Website or take any other action in case of technical problems, infringing or
objectionable material, inaccurate listings, inappropriately categorized
products, or actions otherwise prohibited by applicable law, the procedures and
guidelines contained on the Website, or for any other reason in the sole and
absolute discretion of DotNetNuke, and to correct any inaccurate listing or
technical problems on the Website.
You agree that it is the Developer's responsibility to determine whether
Developer Taxes apply to the transactions and to collect, report, and remit the
correct Developer Taxes to the appropriate tax authority. You also agree that
DotNetNuke is not obligated to determine whether Developer Taxes apply and is
not responsible to collect, report, or remit any sales, use, or similar taxes
arising from any transaction. If the item is shipped from outside Canada, the
recipient of the item may be required to pay, upon delivery, Taxes. "Developer
Taxes" means any and all sales, goods and services, use, excise, import, export,
value added, consumption and other taxes and duties assessed, incurred or
required to be collected or paid for any reason in connection with any
advertisement, offer or sale of products by you on or through the Site, or
otherwise in connection with any action, inaction or omission of you or any of
affiliate of yours, or any of your or their respective employees, agents,
contractors or representatives.
ADDITIONAL TERMS APPLICABLE TO BUYERS AND SELLERS
BECAUSE DOTNETNUKE IS NOT THE PROVIDER OF DEVELOPER PRODUCTS, IF A DISPUTE
ARISES BETWEEN ONE OR MORE USERS OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION,
BETWEEN A BUYER AND A DEVELOPER), YOU RELEASE DOTNETNUKE (AND ITS AFFILIATES,
AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE
ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON
LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS
AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER,
THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY DOTNETNUKE.
Because DotNetNuke is not the service provider in the actual transaction
between a Buyer and a Developer with respect to Developer Products and is not
the agent of either for any purpose, DotNetNuke does not have the duty to
resolve and will not be involved in resolving any disputes between Buyers and
Developers related to or arising out of any such transaction.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), and you agree
to use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service.
For the avoidance of doubt, the purchase and sale functions available to Buyers
and Developers through the Website shall be considered a Communication Service.
By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
Upload files that contain software or other material protected by intellectual
property laws (or other rights, including, without limitation, contractual
rights or rights of privacy or publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations. DotNetNuke has no obligation to
monitor the Communication Services.
However, DotNetNuke reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
DotNetNuke reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
DotNetNuke reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in DotNetNuke's sole discretion. Always use
caution when giving out any personally identifying information about yourself or
your children in any Communication Service. DotNetNuke does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, DotNetNuke specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized DotNetNuke
spokespersons, and their views do not necessarily reflect those of DotNetNuke.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
DotNetNuke does not claim ownership of the materials you provide to DotNetNuke
(including, feedback and suggestions) or post, upload, input or submit to any
Website or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting DotNetNuke, its affiliated companies and necessary sublicensees a
perpetual, irrevocable, worldwide, nonexclusive, royalty-free, fully paid-up,
sublicensable, transferable right and license to use your Submission in
connection with the operation of their businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission. No compensation will be paid with
respect to the use of your Submission. DotNetNuke is under no obligation to post
or use any Submission you may provide and may remove any Submission at any time
in DotNetNuke's sole discretion.
DOTNETNUKE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS (INCLUDING DEVELOPER PRODUCTS), SERVICES AND RELATED CONTENT
CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS (INCLUDING DEVELOPER
PRODUCTS), SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DOTNETNUKE AND ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
INFORMATION, SOFTWARE, PRODUCTS (INCLUDING DEVELOPER PRODUCTS), SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOTNETNUKE
OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH (I) YOUR USE OR THE PERFORMANCE OF THE WEBSITE, (II) THE
DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, (III) THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, (IV) ANY INFORMATION, SOFTWARE, PRODUCTS
(INCLUDING DEVELOPER PRODUCTS), SERVICES AND RELATED GRAPHICS CONTENT AVAILABLE
THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF DOTNETNUKE OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
DotNetNuke reserves the right, in its sole discretion, to terminate your
access to the Website and the related services or any portion thereof at any
time, without notice.
INDEMNIFICATION You shall defend, indemnify, and hold
harmless DotNetNuke, its affiliates and each of its, and its affiliates
employees, contractors, directors, suppliers and representatives from all
liabilities, claims, and expenses, including reasonable attorneys' fees, that
arise from or relate to (i) your use or misuse of, or access to, the Website,
(ii) your violation of the Terms of Service, or (iii) infringement by you, any
third party using your account, or any Developer Product (including any portion
thereof) of any intellectual property or other right of any person or entity, or
(iv) failure to collect or pay Developer taxes. DotNetNuke reserves the right to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate with
DotNetNuke in asserting any available defenses.
To the maximum extent permitted by law, this agreement is governed by the
laws of the State of California, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all
disputes arising out of or relating to the use of the Website. Use of the
Website is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and DotNetNuke as a result of this agreement or
use of the Website. DotNetNuke's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of DotNetNuke's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Website or
information provided to or gathered by DotNetNuke with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. You may not transfer or assign this
agreement or any of your rights or obligations hereunder without DotNetNuke’s
prior written consent. DotNetNuke may freely transfer or assign this agreement.
permitted assignees and successors of the respective parties. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER
represent the entire agreement between you and DotNetNuke with respect to the
use of the Website, and supersede all prior or contemporaneous communications
and proposals (whether oral, written or electronic) between you and DotNetNuke
be unenforceable or invalid, that provision will be limited or eliminated to the
force and effect and enforceable. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website are: Copyright 2002-2011 DotNetNuke and/or its
suppliers. All rights reserved. TRADEMARKS You will not submit any Submission or
Developer Product to the Website which incorporates any branding that is similar
to the trademarks of DotNetNuke (including, without limitation, the marks
“DotNetNuke,” “DNN”) (collectively, “Company Trademarks”). No right or license
to any Company Trademarks is granted herein, whether by implication, estoppel,
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. Any example companies, organizations,
products, people or events depicted herein are fictitious. No association with
any real company, organization, product, person, or event is intended or should
be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
DotNetNuke respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please follow the procedures outlined below to contact DotNetNuke. Please note
that this procedure is exclusively for notifying DotNetNuke and its affiliates
that your copyrighted material has been infringed.
DotNetNuke has adopted the following general policy toward copyright
infringement in accordance with the Digital Millennium Copyright Act
(http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of
DotNetNuke’s Designated Agent to Receive Notification of Claimed Infringement
(“Designated Agent”) is listed at the end of this policy. It is DotNetNuke’s
policy to (1) block access to or remove content that it believes in good faith
to be copyrighted material that has been illegally copied and distributed by any
of our advertisers, affiliates, content providers, members or users; and (2)
remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact our Designated Agent by (1) following our
Claim of Infringement Process, or by contacting our Designated Agent using the
contact information provided at the end of this policy.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated
DotNetNuke will remove or disable access to the content referenced in the claim
until the claim can be resolved. An email will be sent to the content provider
notifying them that their content had been removed or disabled and will include
the rights owner's (your) email address who submitted the claim.
Listing removal information
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was
removed or to which access was disabled is either not infringing, or the content
provider, member or user believes that it has the right to post and use such
content from the copyright owner, the copyright owner’s agent, or pursuant to
the law, the content provider, member or user must send a counter-notice
containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
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 the content provider, member or user has a good faith belief
that the content was removed or disabled as a result of mistake or a
misidentification of the content; and
4. Content provider’s, member’s or user’s name, address, telephone number, and,
if available, e-mail address and a statement that such person or entity consents
to the jurisdiction of the Federal Court for the judicial district in which the
content provider’s, member’s or user’s address is located, or if the content
provider’s, member’s or user’s address is located outside the United States, for
any judicial district in which DotNetNuke is located, and that such person or
entity will accept service of process from the person who provided notification
of the alleged infringement.
If a counter-notice is received by the Designated Agent, DotNetNuke 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 DotNetNuke’s discretion.
Designated Agent to Receive Notification of Claimed Infringement:
c/o DotNetNuke Corporation
155 Bovet Street, Suite 201
San Mateo, California 94402
Phone: (650) 288-3150
Fax: (650) 288-3191