PORTA POTTY RENTAL TERMS AND CONDITIONS OF USE
Last Updated on March 25, 2016
This Website (the “Site”) is operated by Porta Potty Rental Medical Publishing, Ltd. These Terms and Conditions of Use (the “Terms”) constitutes a binding agreement between you and all other persons accessing this Site for any reason (referred to herein as “Users” or “you”) and Porta Potty Rental Medical Publishing, Ltd.(“Porta Potty Rental”, or “we” or “us”). These Terms set forth the legally binding terms for your use of the Site and any services, software, applications and other intangibles offered or otherwise accessed via the Site from time-to-time (collectively, the “Porta Potty Rental Products and Services”). By accessing or otherwise using this Site or any of the Porta Potty Rental Products and Services, you are agreeing to be bound by these Terms.
Your legal rights and obligations, or those of your employer, relating to certain specified Porta Potty Rental Products and Services that may be enabled or otherwise facilitated by your use of the Site may also be addressed by a separate agreement (a “Client Contract”) between you (or your employer) and Porta Potty Rental (or one of its affiliated companies). In such cases, to the extent (if at all) that there is any conflict between these Terms and such Client Contract, the terms of the applicable Client Contract shall govern and control the rights, duties and obligations of the parties to that Client Contract.
Porta Potty Rental reserves the right, in its sole discretion, to reject, block, refuse to post or remove any Content or to restrict, suspend, or terminate your access to the Site or any part of the Porta Potty Rental Products and Services at any time, for any or no reason, with or without prior notice, and without liability.
II Term and Termination.
These Terms (as amended by us from time-to-time) shall remain in full force and effect from the date you first access the Site or otherwise use the Porta Potty Rental Products and Services until the date we destroy all Content and Identifying Information provided by you. In order to access some Porta Potty Rental Products and Services, you may be asked to establish an account with us and to provide us with certain Identifying Information. You may terminate your account at any time, for any reason, by sending an email to firstname.lastname@example.org or by sending regular mail to Porta Potty Rental at the following postal address:
Porta Potty Rental, Ltd.
Attn: User Support
Upon termination of your account, you may request that we destroy your Identifying Information, whereupon we will use good faith efforts to delete or otherwise destroy your Identifying Information to the extent stored on our servers or otherwise controlled by us. Notwithstanding the above, we cannot guarantee, and we have no obligation to ensure, that all of your Identifying Information will in fact be permanently deleted or destroyed.
III. Porta Potty Rental Products and Services and Accounts.
Use of the Porta Potty Rental Products and Services is void where prohibited. By using the Porta Potty Rental Products and Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Porta Potty Rental Products and Services does not violate any applicable law or regulation. Your Content and Identifying Information may be deleted, and your privileges as a User of the Site terminated, without warning if Porta Potty Rental determines that you are under 13 years of age.
Porta Potty Rental offers registered and premium membership accounts to users of this Site. In certain instances, Porta Potty Rental may provide premium members with access to secure, password protected pages of the Site. Such access is restricted to authorized premium members only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability. If andwhen you create an account, you will also be asked to supply your email address and, if the account is password-protected, choose a permanent password. This information will be treated as your Identifying Information. If you create a secure account You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, Username or password of any other account created by another User at any time or to disclose your password to any third-party. You agree to notify Porta Potty Rental immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
By registering an account and providing your email address, you consent to Porta Potty Rental communicating with you by email for any purpose relating to the Site and the Porta Potty Rental Products and Services, including, without limitation, providing you with notice of any security breach via email in lieu of any other written notification. By providing Porta Potty Rental your email address, you consent to our using your email address to send you Site and Porta Potty Rental Products and Service-related notices, advertising and other information including, among other things, notices required by law and information about new Porta Potty Rental Products and Services or changes in existing Porta Potty Rental Products and Services. Such email delivery is made in lieu of providing you notices, advertising or other information via postal mail or other means. We categorize our email communications into general categories (e.g., advertising, notices required by law and information regarding a particular service). You may opt-out of most categories of email communication by contacting us at email@example.com or by using the link embedded at the bottom of the emails we send to you.
The Site and Porta Potty Rental Products and Services are for personal use of our Users and may not be used in connection with any commercial endeavors, except those that are specifically offered as Porta Potty Rental Products and Services or otherwise endorsed or approved in writing by Porta Potty Rental. Illegal and/or unauthorized use of the Site or Porta Potty Rental Products and Services, including collecting User names and/or email addresses of other Users by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized scraping, framing of or linking to the Site or any Content is prohibited.
III Payment Obligations.
Ordinarily, if you avail yourself of any Porta Potty Rental Products and Services, your payment obligations will either be processed using PayPal™ or will be addressed in a Client Contract.
IV Proprietary Rights in Content.
Porta Potty Rental does not claim any ownership rights in the Content that you post on or through the Site. After posting your Content on or through the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By uploading to, or otherwise displaying or publishing any Content on or through, the Site, you hereby grant, and you represent and warrant that you have the right to grant, to Porta Potty Rental a royalty-free, fully-paid, non-exclusive, world-wide, transferable, sublicenseable, perpetual and irrevocable license to use, modify, publicly perform, publicly display, reproduce, distribute, and create derivative works from such Content for (i) the purpose of providing the Porta Potty Rental Products and Services and (ii) any other lawful commercial and non-commercial purpose, including, without limitation, the marketing, promotion and advertising of the Site, the Porta Potty Rental Products and Services and Porta Potty Rental.
The Site and Porta Potty Rental Products and Services contain Content owned by Porta Potty Rental or licensed to Porta Potty Rental by third-parties other than by way of the licenses granted by you as set forth above (collectively, the “Porta Potty Rental Content”). All Porta Potty Rental Content is protected by copyright, trademark, patent, trade secret and other laws relating to intellectual and industrial property, and Porta Potty Rental owns or licenses and retains all rights in the Porta Potty Rental Content and the Porta Potty Rental Products and Services. Porta Potty Rental hereby grants you a limited, revocable, nonsublicensable license to display and make copies of the Porta Potty Rental Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Porta Potty Rental Products and Services in accordance with these Terms and the terms of any agreement governing specific Porta Potty Rental Products and Services you may purchase through this Site. Your right to make copies is limited to a small number of copies reasonably necessary to use the Site and the Porta Potty Rental Products and Services for their intended purpose. You may not modify, translate, publish, broadcast, transmit, distribute, perform or sell any Porta Potty Rental Content. The Content of this Site and any Porta Potty Rental Products and Services are protected by U.S. copyright and may not be reproduced or transmitted in any manner or medium without the advance written permission of Porta Potty Rental, nor may they be uploaded to the Internet or any intranet under any circumstances.
Porta Potty Rental continuously monitors the world wide web and “blogosphere,” and will vigorously pursue violations of these proscriptions, and will prosecute violators to the fullest extent of the law.
You are solely responsible for the Content that you post on the Site, and any material or information that you transmit to other Users and for your interactions with those Users. Other than Content owned by Porta Potty Rental or licensed to Porta Potty Rental by its business partners and service providers, Porta Potty Rental does not endorse and has no control over the Content. Content is not necessarily reviewed by Porta Potty Rental prior to posting and does not necessarily reflect the opinions or policies of Porta Potty Rental. Porta Potty Rental makes no warranties, express or implied, as to the Content (including Porta Potty Rental Content) or to the accuracy and reliability of the Content or any material or information that you transmit to other Users of the Site.
V Prohibited Content.
Porta Potty Rental may delete any Content that in the sole judgment of Porta Potty Rental violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason at Porta Potty Rental’s sole discretion. Please choose carefully the Content you post on the Site and that you provide to other Users. Any Content you post on the Site may not include photographs, videos, sound and/or any other materials that, in the sole and absolute discretion of Porta Potty Rental, contains nudity or any obscene, lewd, violent, harassing, defamatory, libelous, false, infringing, inflammatory, sexually explicit or otherwise objectionable subject matter, or Content the posting of which would otherwise violate these Terms (“Prohibited Content”). Despite this prohibition, Porta Potty Rental cannot police all Content posted on the Site and, accordingly, information provided by other Users may contain Prohibited Content and Porta Potty Rental assumes no responsibility or liability for this material. If you become aware of the posting of Prohibited Content or any other misuse of Porta Potty Rental’s Products and Services by any person, please contact Porta Potty Rental at firstname.lastname@example.org.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through this Site or any of Porta Potty Rental’s Products and Services. Porta Potty Rental reserves the right to investigate and take appropriate legal action against anyone who, in Porta Potty Rental’s sole discretion, violates this provision, including, without limitation, removing the offending communication from the Site and terminating the privileges of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Porta Potty Rental:
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group, individual or property;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult Site;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video, or links to pirated music or video files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to terrorism, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- infringes or misappropriates any third-party’s patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property; or
- invades or violates any third-party’s right to privacy.
VII. Limitation on Liability, Disclaimers and Indemnification.
IN NO EVENT SHALL PORTA POTTY RENTAL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES OR YOUR RELIANCE ON INFORMATION PROVIDED ON THE SITE OR AS PART OF ANY PORTA POTTY RENTAL PRODUCTS AND SERVICES, EVEN IF PORTA POTTY RENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PORTA POTTY RENTAL’S LIABILITY TO YOU OR ANY THIRD-PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (INCLUDING ACTIONS BASED IN TORT, EQUITY OR CONTRACT), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PORTA POTTY RENTAL FOR ANY PORTA POTTY RENTAL PRODUCTS AND SERVICES PURCHASED BY YOU THAT RESULTED IN OR OTHERWISE DIRECTLY RELATE TO THE CAUSE OF PORTA POTTY RENTAL’S LIABILITY. PORTA POTTY RENTAL ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THE PORTA POTTY RENTAL PRODUCTS AND SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES, (VI) ANY LOSS OF DATA OR CONTENT STORED ON YOUR DEVICES OR ON PORTA POTTY RENTAL SERVERS OR OTHERWISE ACCESSIBLE THROUGH THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT PORTA POTTY RENTAL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE SITE AND THE PORTA POTTY RENTAL PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, PORTA POTTY RENTAL EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED, TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES ARE FREE OF VIRUSES, MALWARE OR OTHER MALICIOUS COMPUTER CODE OR HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE OR THROUGH THE PORTA POTTY RENTAL PRODUCTS AND SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, WIRELESS DEVICE AND OTHER HARDWARE AND SOFTWARE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. PORTA POTTY RENTAL DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES. THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES MAY CONTAIN LINKS TO EBAY AND OTHER THIRD-PARTY SITES THAT ARE NOT OWNED OR CONTROLLED BY PORTA POTTY RENTAL. PORTA POTTY RENTAL HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE TEXT, GRAPHICS AND OTHER MATERIALS AND CONTENT APPEARING OR ACCESSIBLE AT, THE SERVICES OFFERED BY, OR THE POLICIES OR PRACTICES OF, ANY THIRD-PARTY SITES. YOU EXPRESSLY RELIEVE PORTA POTTY RENTAL FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SITE OR SERVICES. PORTA POTTY RENTAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE OR PORTA POTTY RENTAL PRODUCTS AND SERVICES OR ANY HYPERLINKED THIRD-PARTY SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. PORTA POTTY RENTAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PORTA POTTY RENTAL MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT, INCLUDING PROHIBITED CONTENT, THAT IS INACCURATE, OFFENSIVE, INDECENT, HARASSING, INFRINGING OR OTHERWISE OBJECTIONABLE, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST PORTA POTTY RENTAL FOR SUCH EXPOSURE.
You agree to indemnify and hold Porta Potty Rental, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of or access to the Site or the Porta Potty Rental Services, your violation or breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Porta Potty Rental Services causes Porta Potty Rental to be liable to any third-party.
VIII. International Users.
The Site is hosted in the United States of America (the “U.S.A.”) and is intended for and directed to Users in the U.S.A. The Site and Porta Potty Rental Services are void where prohibited. If you are accessing the Site from outside the U.S.A., your use of the Site is governed by U.S. law, you are transferring your Identifying Information to the U.S.A., and you consent to that transfer.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES OF AMERICA TREAT YOUR PERSONAL INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY OTHER COUNTRY OR JURISDICTION. IF YOU DO NOT WANT YOUR IDENTIFYING INFORMATION TREATED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA, YOU SHOULD NOT SHARE YOUR IDENTIFYING INFORMATION WITH US.
The laws of the State of New York, U.S.A., shall govern these Terms and any dispute regarding the Site or the Porta Potty Rental Services, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States of America located in the State and County of New York.
VII Additional Terms.
These Terms constitute the entire Terms between you and Porta Potty Rental regarding your use of the Site and Porta Potty Rental Services. The failure of Porta Potty Rental to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Porta Potty Rental, Porta Potty Rental.com logos, brands, and other identifying marks used by Porta Potty Rental are trademarks of Porta Potty Rental. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the Site, the Porta Potty Rental Services or these Terms, must be filed within one (1) year after the date on which such claim or cause of action first arose or be forever barred.
Porta Potty Rental may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by Porta Potty Rental in its sole discretion. Porta Potty Rental reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms.
Please contact us with any questions regarding these Terms by sending an email to email@example.com or by sending mail to Porta Potty Rental at the following postal address:
Porta Potty Rental, Ltd.
Attn: User support
You are solely responsible for your interactions with other Users. Porta Potty Rental reserves the right, but has no obligation, to monitor disputes between you and other Users.
You acknowledge that computer systems and the transmission of data via the Internet are inherently insecure, and no amount of security can guarantee that data stored on computers or transmitted via the Internet will not be improperly accessed, used, altered or otherwise tampered with by others. Porta Potty Rental has implemented what we consider to be commercially reasonable technical and organizational measures designed to secure your Identifying Information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third-parties will never be able to defeat those measures or use information provided by you for improper purposes. You acknowledge that you provide Information and store data on the site at your own risk.
XII. Copyright Policy.
You may not use the Site or any Products and Services to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary materials belonging to others without obtaining the prior written consent of the owner of such proprietary materials. It is Porta Potty Rental’s policy to terminate privileges of any User of the Site who infringes the copyright of others upon receipt of prompt notification to Porta Potty Rental by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please review and utilize our procedures for protecting your rights as set forth below.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512, Porta Potty Rental has adopted the following policy concerning copyright infringement. Porta Potty Rental respects the legitimate rights of copyright owners and their agents and representatives. Users and others who use any part of the Site are required by these Terms to respect the legal protections provided by applicable copyright law.
Procedure for Reporting Copyright Infringements. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with 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 interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the specific URL of each item in dispute, which should help us to quickly locate the Content);
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY OF THE PROCESSING OF THE DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
Notice And Takedown. If Porta Potty Rental receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. Porta Potty Rental will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.
Porta Potty Rental may, at its discretion, deny access to this Site by, or disable and/or terminate the accounts of, Users who may be infringers.
Designated Agent. Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, fax or standard mail:
Porta Potty Rental, Ltd.
Attn: Copyright Agent
Upon receipt of proper notification of claimed infringement, Porta Potty Rental will follow the procedures outlined herein and in the DMCA.
Copyright Counter-Notices. If Content you posted on the Site was removed for copyright or intellectual property infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:
- To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
- Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Users who are infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):
- Identify the specific URLs of material that Porta Potty Rental has removed or to which Porta Potty Rental has disabled access.
- Provide your full name, address, telephone number, email address and the Username of your Porta Potty Rental account.
- Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to Porta Potty Rental in accordance with the process outlined above or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
Porta Potty Rental, Ltd.
Attn: Copyright Agent
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Users who are infringers. So, if you are not sure whether Content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
Disclaimer: We are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.