5. Intellectual Property Rights; Content; Copyright Infringement Notification Process
5.1 Intellectual Property Rights. The materials, services and content offered on or through the Websites and Services, as well as their selection and arrangement, are protected by intellectual property rights (the "Intellectual Property Rights"), and any unauthorized use of the Websites and Services may violate such Intellectual Property Rights laws and these Terms of Use. GT Church and its licensors own all right, title and interest in and to the Intellectual Property Rights of the materials, services and content offered on or through the Websites and Services. These Terms of Use do not convey or transfer any ownership rights to you. The trademarks, logos and service marks displayed on the Websites or Services, including without limitation "GT Church" are the property of GT Church or other third parties. You are not permitted to use these marks without the prior written consent of GT Church or such third party that may own the marks. You may not remove or obscure any copyright notice or other proprietary notices contained on the Websites, Services or any materials, services or content retrieved through the Websites or Services.
5.2 Your Content. The Websites and Services may allow or require you to post data, text, pictures, videos, recordings or other materials and information that will be accessible by visitors to the Websites or users of the Services ("Public Content"), or that will only be accessible by you or those designated by you ("Private Content") (Public Content and Private Content, collectively referred to as "Your Content"). As between you and GT Church, you remain the sole owner of and solely responsible for Your Content. GT Church does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant GT Church a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for GT Church. (e.g., photos from your Public Group Profile). While we retain these right, we will do our best to contact you if Your Content will be used for marketing purposes. GT Church does not endorse, guarantee, or assume any responsibility, obligation or liability relating to Your Content, including without limitation liability for third-party claims against users of the Websites or Services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Unless required otherwise by law or unable to determine the source of Your Content, GT Church will attempt to contact you before removing any of Your Content. However, GT Church reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal, where GT Church believes in good faith that such removal is appropriate. Publication of any of Your Content is at the sole discretion of GT Church.
5.3 Prohibited Content. We want to maintain Websites and Services that are a positive, healthy experience for all. Therefore, while using the Websites or Services, you agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
5.4 Prohibited Conduct. While using the Websites and Services, you agree not to engage in any of the following prohibited activities: (i) use, display, mirror or frame the Websites or Services, any individual element within the Websites or Services, the GT Church name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent; (ii) access the Websites or Services by any means other than through the interface provided by GT Church and as otherwise expressly authorized under these Terms of Use; (iii) access, tamper with, or use non-public areas of the Websites or Services, our computer systems, or the technical delivery systems of our providers; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GT Church or any of our providers or any other third party (including another user) to protect the Websites or Services; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any of Your Content transmitted through the Websites or Services; (vi) attempt to access or search the Websites or Services or scrape or download any user content from the Websites or Services, or otherwise use or upload content to, or create new links, reposts, or referrals in the Websites or Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GT Church or other generally available third party web browsers; (vii) send or post onto the Websites or Services any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; (viii) use any meta tags or other hidden text or metadata utilizing the Websites or Services or an GT Church trademark, logo, or URL without GT Church's express written consent; (ix) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Websites or Services; (x) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending or posting a virus, overloading, flooding, spamming, or mail-bombing the Websites or Services; (xi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Websites or Services (including your account) or your access to or use of the Websites or Services; (xii) collect or store any personally identifiable information from other users of the Websites or Services without their express permission; (xiii) stalk or otherwise harass another person or entity; (xiv) impersonate or misrepresent your affiliation with any person or entity; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the activities prohibited in these Terms of Use.
5.5 Transmission of Your Content. The term "Your Content" also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by you or entered electronically in the course of your use of the Websites or Services. You understand that the technical processing and transmission of Your Content (including the possible transmission of Your Content outside its country of origin) may be necessary to your use of the materials, services and content offered on or through the Websites or Services and consent to GT Church's interception and storage of Your Content. You understand that you or GT Church may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and operated by GT Church. You agree that GT Church is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and operated by GT Church.
5.6 Copyright Infringement Notification Process. GT Church abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If you believe that any content included on the Websites or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify GT Church of any such copyright or other Intellectual Property Rights infringement. Similarly, if you believe that Your Content has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
DMCA Complaints
GT Church
Attn: Megan Fegely / HR Director
1110 Snyder Road West Lawn, PA 19609
Fax: 610-678-3698
Telephone: 610-678-0266
Email: info@gtaog.org
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with GT Church's rights and obligations under the DMCA and do not constitute legal advice. GT Church will remove the infringing content, subject to the procedures outlined in the DMCA.
5.6.1 Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
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. Providing URLs is the best way to help us locate content quickly.
4. 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.
5. 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.
6. 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.
5.6.2 Counter-Notification. If Your Content has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. 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.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.