COPYRIGHT & TRADEMARK NOTICE

Copyright © 2014 Talk to Santa. All Rights Reserved.

Product names, logos, designs, titles, words or phrases used on any Talk to Santa products or services, including without limitation, Talk to Santa.com, and the Talk to Santa logo, are owned by Talk to Santa, its licensors, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

SOFTWARE:

Any software made available to you via download on any of the TTS Sites is copyrighted by Talk to Santa and/or our suppliers. Use of the software is governed by the Terms of Use for this site and the end-user license agreement, if any, provided in connection with the software.

GOVERNMENT USERS:

Please click here to view the special notices and disclaimers regarding TTS’s current Licensors/Suppliers. Such notices and disclaimers constitute an integral part of this Agreement.

3. TERM/FEES:

Any use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

"User Materials" means Content which Users upload, submit, distribute or otherwise make available via the TTS Sites and/or through the TTS Services, but excluding any and all TTS Content. Talk to Santa respects the intellectual property rights of others and expects all Users to do the same. For claims of copyright infringement relating to TTS Content and/or User Materials, Talk to Santa will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).

Pursuant to the requirements of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3), written notification of claimed copyright infringement must be submitted via U.S. registered mail to our Designated Agent as follows:

Copyright Complaints
Talk to Santa
Attn: Legal Department
900 South Wiley Court
Superior, CO 80027

To be effective, the Notification must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• Information reasonably sufficient to permit the service provider 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;
• 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;
• 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.

Counter-Notification to Claimed Copyright Infringement
Pursuant to Sections 512(g)(2) and (3) of the DMCA, if a claim of copyright infringement has been asserted against you, you may elect to make a counter-notification with the Designated Agent identified above. Such counter-notification must contain the following information:

• Your physical or electronic signature
• Identification of the material 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 have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the federal district in which you are located (the state of Colorado, if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If Talk to Santa receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with Section 512(g)(2) of the DMCA.

Liability for Misrepresentation under the DMCA Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents

• that material or activity is infringing, or
• that material or activity was removed or disabled by mistake or misidentification

will be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Accordingly, if you are not sure whether certain material or activity infringes your or others’ copyrights, please consult with a copyright attorney first.

REPEAT INFRINGERS:

For any Users who TTS determines, in its sole discretion, are repeat infringers of third-party intellectual property rights, TTS will terminate their accounts and/or memberships, as the case may be, and prohibit them from creating new accounts with TTS.