Terms of Service
Welcome to Indulgy.com! These Terms of Service (“Terms”) are a binding legal contract between you and Indulgy Inc. (“Indulgy.com”). They apply to your use of Indulgy.com (“Site”), our application for mobile devices (“Mobile Application”) and any of our services made available on the Site or via the Mobile Application (“Services”). If you do not agree to all of these terms, please do not visit the Site or Mobile Application, or use the Services - if you do, you are necessarily agreeing to these terms. Your “Agreement” with Indulgy.com also includes any specific additional terms and policies that apply to any specific Services you use.
Special Note on Bots. All automated visitors (eg, crawlers, spiders, scrapers, etc) (“Bots”) are subject to this Agreement to the same extent as human users. Except for search engines gathering information for publicly accessible search indices, a Bot may not access the Services until a human responsible for that Bot has reviewed this Agreement. Failure to do so does not excuse any breach of this Agreement by the Bot.
- The Services
- Indulgy.com is an online and mobile service that allows users to create, view and follow visual collections through the Site and Mobile Application. After you have created an account to become a member of Indulgy.com, you may use the Services to create, view and follow visual collections. In order to create a visual collection, you may upload images from your computer, and/or install and use our "Indulgy.com" browser plugin, by following the instructions provided on the "Add" section of the Site. You can also add images that were collected by other Indulgy.com users to one of your collections by simply clicking the “Collect” button that appears when you hover over an image on the Site. You will also be able to (a) rearrange the presentation order of your collections, (b) drag and drop images between collections, (c) collect one image to multiple collections, (d) collect multiple images from one page, (e) move your images and collections to different services, and (f) move your images and collections from other services to Indulgy.com.
- Please note that your visual collections will be publicly viewable by all visitors to the Site and Mobile Application unless you proactively mark them as private. If you mark a collection as private when it is originally created, we will use reasonable efforts to ensure that (a) the collection will not be included in search results on the Site or Mobile Application, (b) other visitors (except those you invited to view the collection) won't find it as a result of using the search feature of the Site or Mobile Application, and (c) the collection will not be distributed outside the Site or Mobile Application. Also, we will retain it if needed for any legal reason. Be aware, however, just because something is marked "private", we can't guarantee that only the people you invite will see it. Even if you mark something "private", users may be able to find the direct URL for an image through other search mechanisms, then share or link to it outside the Site or Mobile Application. Also, remember: if you share it from the Site or Mobile Application, it's no longer private, even if you marked it "private." If you remove your Content from the Site or Mobile Application, or mark as "private" something that previously had been public, we won't use it outside of the Site or Mobile Application anymore and will hide it from search results on the Site or Mobile Application, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was shared before it was marked "private." In order to follow the visual collections of other members, you may search for other visual collections via the Site and Mobile Application and select the option to "Follow" such members.
- We are constantly evolving and improving the Services. We may modify, suspend or discontinue all or some of the Services at any time without notice or liability.
- Please keep in mind that you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Indulgy.com will have no liability for your interactions with other users, or for any user’s action or inaction. Please help to make Indulgy.com a positive and respectful community.
- You are responsible for everything done through your account, so please do not share your ID and password with anyone you do not want to be accountable for. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Please notify us right away if you have lost control of your password or you suspect there is unauthorized activity in your account.
- Your account is not meant to be your primary storage facility for any content you want to keep. We reserve the right to delete any Content at any time without notice.
- You may not use or authorize anyone else to use any automated means to access your account, the Services or any Content appearing on the Site or the Mobile Application.
- When you create your Indulgy.com account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information so we know how to reach you. We will send you emails from time to time related to your account, our Services and other issues. You will be able to opt out of some kinds of email (eg, marketing email) by following the instructions in the email or by adjusting your email notification preferences in the Settings portion of the Site.
- You agree not to use user names or collection titles that are offensive, obscene or harassing to others, or that infringe upon third party trademarks. We have the right to change your user name and collection title names at any time and for any reason in our sole discretion.
- You may close your account at any time by sending an email to firstname.lastname@example.org.
- Content “Content” means anything that appears on the Site or Mobile Application, or that contributes to other content on the Site or Mobile Application (eg, a rating that is aggregated with other user ratings), including but not limited to all text, visual elements (eg, graphics, images, etc), video and data.
- You are solely responsible and bear all liability for and risk from any Content you provide to us, the Site, or the Mobile Application, or that you make available in connection with the Services (collectively, Content you “provide”). Please provide Content thoughtfully, because you may not be able to delete it.
- Indulgy.com values and respects the rights of third party creators and content owners, and expects you to do the same. You represent and warrant that you have all rights and authorizations necessary for the Content you provide and that no Content you provide will infringe, misappropriate or violate any third party rights (including rights of privacy, moral rights or any intellectual property rights) or violate any applicable law or regulation. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make Content available on our Services, including whether you can collect or recollect Content in your collections.
- We strongly discourage you from providing any Content that allows other users to identify or locate you.
- Certain kinds of Content are not allowed. You agree not to post, upload, publish, submit, provide access to or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances.
- Indulgy.com will not compensate you in any manner for anything, including your use of the Services and any Content you provide, unless you and Indulgy.com have entered into a separate written agreement that has been signed by both parties.
- We reserve the right but not the obligation to pre-screen, filter and categorize any Content, and to change any URLs that are linked to images that you have collected in your collections. We may also investigate you, your account and any Content you submit. In addition to or instead of terminating or suspending your use of the Services and any other remedies, we may immediately take down any Content or take any other action we think is appropriate to deal with any issue we believe is problematic in our sole discretion. However, while we reserve the right to do these things we do not make any commitment that we will police the Services for problems that have not been reported to us. To report a problem, please see below.
- Things You Cannot Do
- Lie to us or anyone else in your Content or in connection with your use of the Services. This includes but is not limited to giving false information in your account registration and writing reviews that are made up, dishonest or misleading.
- Provide any Content unless you have all the legal rights needed to do so. This includes providing Content that divulges a secret you were obligated to protect, plagiarizes or otherwise infringes someone else’s Content, or breaks the law.
- Provide any Content in exchange for any form of benefit or compensation from a third party.
- Open a new account without our written permission if we have terminated your account or told you not to access the Services.
- Transfer your account to someone else.
- Use an account for the purpose of making a competitive assessment of our Services or incorporating any information or other Content from the Services into any service you offer to third parties.
- Access or scrape the Site, the Mobile Application or the Services by any automated means unless you are a search engine crawling the Site or the Mobile Application for the sole purpose of creating a publicly accessible search index; bog down the Site, the Mobile Application or a Service by uploading or downloading an unreasonably large amount of material at one time; or bypass any technical protections, storage limits or throttling that we institute.
- Reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any widget, application or software code associated with either, except to download a copy of a widget or application for your own personal use.
- Anything else we ask you not to.
- Copyright Infringement and Other Bad Acts Indulgy.com is strongly committed to respecting intellectual property and other rights. We have a policy of responding to notices of alleged copyright infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers. Our full Copyright Policy and information about how to report a copyright problem is http://indulgy.com/do/terms#infringement We are also concerned with other types of infringement and abuse. To report a problem other than copyright infringement, please email email@example.com.
- Intellectual Property Issues
- Subject to any applicable account settings you select, you hereby grant Indulgy.com a non-exclusive, sub-licensable, transferable, worldwide, royalty-free right and license to use, display, reproduce, recollect, modify (e.g. reformat), rearrange and distribute all Content you provide for the purposes of operating and providing the Services to you and to our other users. Nothing in these Terms shall restrict Indulgy.com's rights under separate licenses to your Content. Please remember that the Services are a public platform, and that other users may search for, see, use and/or recollect any Content that you make publicly available through the Services.
- You will own your Content, at least as between you and Indulgy.com.
- As between you and Indulgy.com, Indulgy.com will own all other Content related to the Services and all intellectual property rights in the Services.
- Except for your Content, Indulgy.com retains all right, title and interest in the Services, including all technology and processes and any enhancements or modifications and all content and other subject matter included on or within the Services, and the Indulgy.com trademarks, service marks and logos (collectively, the “ Indulgy.com Content ”). Subject to the terms and conditions of these Terms, we grant you a license to use the Services, including accessing and viewing Indulgy.com Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Services. Indulgy.com may terminate this license at any time for any reason or no reason. Except as expressly provided in these Terms, you may not use, copy, modify, reproduce, sell, license, distribute or otherwise exploit the Indulgy.com Content without our permission, or create any additional service or website that includes or is based on our Services or the Indulgy.com Content. Except for rights expressly granted in this Agreement, nothing in this Agreement grants any right, title or license.
- Indemnity, Disclaimers and Limits on Liability
- You will indemnify, defend, and hold harmless Indulgy Inc, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “ Covered Entities ”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“ Liabilities ”) incurred by any Covered Entity in any way arising out of or relating to this Agreement. This includes but is not limited to Liabilities arising out of or relating to your use of the Services, any use of your account by you or anyone else, any Content you provide, your violation of this Agreement (including all Indulgy.com policies), claims of intellectual property or other third party rights infringement, and taxes. Indulgy.com reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.
- THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
- THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION.
- Indulgy.com takes no responsibility and assumes no liability for any content that you or any other user or third party posts or sends over the Services. You are solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users’ online distribution and publication of your and their Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
- The Services are controlled and operated from facilities in the United States. Indulgy.com makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
- We reserve the right to suspend or terminate your account and/or your use of any widget or application at any time for any or no reason. This is not our exclusive remedy under any circumstances.
- When your account is closed (voluntarily or involuntarily), you may no longer have access to any information or materials you store within your account. We may retain your Content for a commercially reasonable period of time for backup, archival or audit purposes. Furthermore, Indulgy.com and other users may retain and continue to display, reproduce, distribute, modify and rearrange any of your content that other users have recollected to their own collections or which you have posted to public or semi-public areas of the Services.
- This Agreement survives termination or suspension of any Services to you and/or closure of your account.
- Third Party Websites, Advertisers or Services
- Additionally, your dealings with or participation in promotions of advertisers found on the Site, the Mobile Application or Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Indulgy.com shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
- Feedback You Provide We value hearing from our users, and are always interested in learning about ways we can make Indulgy.com better. You may choose to or we may invite you to submit comments, ideas or feedback about the Services, including without limitation about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Indulgy.com under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Indulgy.com does not waive any rights to use similar or related Feedback previously known to Indulgy.com, or developed by its employees, or obtained from sources other than you.
- We reserve the right to change this Agreement and our policies at any time, effective immediately. When we make such changes, we will provide notice to you via email, “push” mobile notification, written or hard copy notice, or through posting of such notice on the Site, as determined by Indulgy.com in our sole discretion.
- This Agreement incorporates all Indulgy.com policies, which can be found on the Site.
- Indulgy.com will be entitled to recover any legal fees and other costs associated with enforcing this Agreement.
- You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services and any Content you provide to the Services.
- This Agreement is the entire agreement between you and Indulgy Inc. Aside from our right to make changes described in Section 8.1, any amendments to this Agreement must be in a writing signed by both parties.
- You cannot assign this Agreement without our written agreement. We can assign this Agreement to any entity that agrees to be bound by the terms of this Agreement.
- This Agreement is governed by New York law, excluding New York’s choice of laws principles. For any dispute you have with Indulgy.com, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Indulgy.com has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any disputes in the courts of New York, New York, to whose exclusive jurisdiction and venue we each irrevocably submit. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INDULGY.COM ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- If any provision of this Agreement is unenforceable, the validity and enforceability of the remaining provisions will not be affected. Indulgy.com's failure to enforce or exercise any provision of this Agreement will not constitute a waiver unless it is in an explicit writing and signed by Indulgy.com.
- INFORMATION COLLECTED
- Cookie: When you visit the Site, the Application and/or use a Service, Indulgy.com's servers send a cookie (a small file with a string of characters) to your computer. Standing alone, cookies do not personally identify you but would recognize your web browser; unless you choose to identify yourself to Indulgy.com (through an account or otherwise), you will remain anonymous to Indulgy.com. A cookie can be either session based (assigned to you each time you sign in) or persistent (it identifies browsers that have previously visited the Site, the Application or utilized the Services). Most web browsers are initially set up to accept cookies, but you can disable your web browser’s ability to accept cookies; however, if you do so, certain Site, Application or Service features may not work.
- Web Beacon: A web beacon is an electronic image on a web page that recognizes certain types of information on your computer when you visit that particular web page.
- IP Address: an Internet Protocol Address is a numerical label that is assigned to each computer on the Internet.
- Referring website address: a referring website address identifies the address of the webpage you were on previously.
- Browser: A browser is a software application used for retrieving, presenting, and traversing information resources on the World Wide Web.
- Voluntary Collection: Indulgy.com may collect certain information that personally identifies you (“PI”) or is protected personal information (“PPI”), such as your name, email address, website and login information for third party services (collectively referred to herein as “personally identifiable information”), if you choose to share such information. For example, this information may be requested as part of member registration, whereby we will create an account for your use of the Site and/or Application based on the PI you provide and you will become a member of Indulgy.com. The decision to provide this information is optional; however, if you elect not to register or provide the requested information, you may not be able to access certain content or features or participate in certain areas of the Site or the Application.
- Publicly Posted: Information that you post on or through any public areas on the Site or the Application (or elsewhere on the Internet) may be collected and used by anyone and may result in unsolicited messages or other contact from others.
- HOW DO WE USE THE INFORMATION WE COLLECT?
- customize the advertising and content you see
- fulfill your requests for Services
- improve its services
- contact and communicate with you
- conduct research and analysis
- provide anonymous reporting for internal and external clients
- provide you with additional information
- WHEN DO WE SHARE OR DISCLOSE YOUR INFORMATION?
- We may share non-personal information with others, such as advertisers, sponsors and business partners, in aggregate anonymous form (meaning the information shared will not contain any personally identifiable information about you).
- We may share your personally identifiable information with third parties who facilitate communication on behalf of Indulgy.com for Indulgy.com's marketing and promotional efforts and/or for other information dissemination on behalf of Indulgy.com.
- We may sell, rent or share your personally identifiable information, provided we have received your prior permission, to third parties to send you marketing and promotional information not related to Indulgy.com that may be of interest to you.
- Your personally identifiable information may be transferred to third parties such as technical agents, payment processing vendors, consultants, advertising companies and among our affiliates for the performance of Indulgy.com services or making products available to you.
- All companies working for and with us that Indulgy.com provides with your personally identifiable information are contractually required to protect your personally identifiable information and keep it confidential; they are not permitted to sell or otherwise disclose your information to third parties except as authorized by us and you or as permitted or required by law.
- In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell or assign to third parties information concerning your relationship with us, including personally identifiable information that you provide and other information concerning your relationship with us.
- We may disclose your personally identifiable information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of our Site, Application or Services.
- EMAILING VIA A INDULGY.COM ACCOUNT
- USERS UNDER 13
- THIRD PARTIES
From time to time, Indulgy.com might establish a business relationship with other persons or entities to perform certain services on behalf of Indulgy.com. For example, Indulgy.com might contract with service providers to provide credit card processing, data management, promotional services, web hosting, web development, etc. In such cases, Indulgy.com would provide the service providers with the information needed for them to perform their respective services. Service providers may use third party cookies. Some links monetized by VigLink.
Advertisements appearing on the Site, the Application or through Services may be delivered to users by Indulgy.com or one of its advertising partners. Advertising partners may set third party cookies (or other technologies such as pixel tags), to compile information about where you or others who are using your computer saw their advertisements and analyze and optimize the performance of the ads.
- THIRD PARTY WEBSITES
- FOREIGN COUNTRIES
- DISPUTE RESOLUTION
- CONTACT US
Automatic Collection: Indulgy.com uses common Internet technologies such as cookies and Web beacons to keep track of users’ interactions with the Site, Application and Services and to improve the quality of its service. Indulgy.com may also collect your Internet Protocol (IP) address to track and aggregate non-personally identifiable information, your referring website addresses, browser type, domain name and access times.
In addition, Indulgy.com may use third parties to track and analyze usage information, and in so doing may use third party cookies. Please see more detailed information below under “Third Parties” if you would like to know more about third party cookies.
The information we collect enables Indulgy.com to:
As part of the Services, Indulgy.com members may communicate with other members and non-registered users through use of their accounts. Where members have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Indulgy.com to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee.
The Services are not geared for children under the age of 13. As such, Indulgy.com does not knowingly collect personal information from anyone under the age of 13. If we learn that a child under 13 has provided Indulgy.com with any personal information, we will promptly delete said information from our files. If a child's parent and/or guardian learns that his/her child has provided Indulgy.com with personally identifiable information without parental consent, he/she should contact us at email@example.com
Indulgy.com uses standard security procedures and practices appropriate to the nature of the information it collects and stores. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Indulgy.com cannot guarantee or warrant the security of any information you transmit on or through the Site, Application or Services and you do so at your own risk.
Or you can contact us by mail at:
419 Park Ave S. 2nd Floor,
New York, NY 10016
In addition, if you wish to exclude your personally identifiable information from our direct marketing or from being shared with, or rented or sold to a third party, or if you would like to update or delete your email address, mailing address or other personally identifiable information, or otherwise manage communications your receive from Indulgy.com, please contact us at the above or edit your profile via the Site or Application.
Indulgy.com is committed to respecting the rights of copyright and trademark owners. We respond to notices of copyright infringement in accord with the Digital Millennium Copyright Act (“DMCA”) and we use a similar process for trademark infringement claims.
To notify us of copyright infringement, you need to complete a Copyright Complaint Form that includes all of the following information:
- Identification of the work you believe is being infringed – in other words, tell us what specific ad, content, design, graphics, text, etc you think is being ripped off.
- Identification of the work you believe is infringing, with information that is reasonably sufficient for us to find it on the Site – in other words, tell us what you saw on our Site that is violating your copyright and tell us where you saw it (and provide us with the URL).
- Your address, phone number and email address.
- A statement that you have "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." We know this sounds stodgy, but please use these exact words.
- A statement that "the information in this notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Again, just say it. That is unless it is not true, in which case please don’t send us the notice.
- A physical or electronic signature of "a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed."
The form should be e-mailed to firstname.lastname@example.org or mailed to the address bellow.
Indulgy.com will treat notices that meet these requirements in accord with the DMCA.
What if I receive a Copyright Complaint (DMCA) notification?
If you receive a notification that your content has been removed due a copyright complaint, it means that the content has been deleted from Indulgy.com at the request of the content’s owner. If your account receives too many copyright complaints, you may lose the ability to collect new content on Indulgy.com, and your account may be disabled completely.
If you believe your content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
- Reply to the notification email you received.
- Include ALL of the following:
- Your name, address, and telephone number.
- DMCA ID printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Indulgy.com may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
- A physical or electronic signature (for example, typing your full name).
Please be sure your counter-notice meets the DMCA requirements and we will follow the process set out in the DMCA.
If you want more information about the DMCA, check out copyright.gov.
Accounts with user names, Collection names, or any other content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended. To notify us of trademark infringement, please complete a Trademark Complaint Form that includes (a) the specific trademark you believe is being infringed, (b) detailed information about the trademark you believe is infringing your trademark and where you saw that infringing trademark on our site, (c) your name, address and email address, (d) statements that are the equivalent to #4 and #5 in the “Copyright” section above but as to the trademark instead of a copyright, (e) a physical or electronic signature meeting the requirements of #6 in the “Copyright” section above, and (f) the serial or registration number of your trademark if it has been registered.
We will respond to all infringement notices and comply with applicable law. As we say in our Terms of Service, we reserve the right to remove any content without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
Attn: Copyright/Trademark Agent
419 Park Ave S. 2nd Floor,
New York, NY 10016