Terms and Conditions

Acceptance of Terms of Use

These Terms of Use govern your use of the How to Get the Man of Your Dreams (“HtGtMoYD”) service and website. By using, visiting, or browsing the HtGtMoYD service or website, you accept and agree to be bound by these Terms of Use. You agree to waive any right to receive a copy of these Terms. If you do not agree to these Terms of Use, you should not use the HtGtMoYD service or website.
These Terms of Use are an ongoing contract between you and HtGtMoYD and apply to your use of the HtGtMoYD service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

HtGtMoYD.com, LLC, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the HtGtMoYD website. The most current version of the Terms of Use will supersede all previous versions.

Privacy

Any personally identifying information submitted on the HtGtMoYD website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works

HtGtMoYD is an online relationship coaching service providing its members with access to advice over the Internet.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
From time to time, models who are not Relationship Coaches are used in external advertising of our site and thus you should not rely upon the availability of any particular person(s) as being an employee of our site in making any membership or payment decisions.
Below is a general description concerning the operation of our service:

This website is not intended to match you with or find you a boyfriend, fiancé, husband, or partner. With every decision in a relationship being critical, we help you make the best decisions to achieve a successful relationship.
Our services are not intended to replace or substitute professional advice of any kind, including but not limited to legal, psychological, psychiatric, or medical advice, and are to be used for personal entertainment purposes only.
HtGtMoYD.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through our site.
Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical or mental health condition. If you think you are experiencing an emergency, always call your doctor or 911, or go to your local emergency room immediately.
Virtual Coaching Sessions may vary in length. It is not the length but the quality of the answers that are important. Each situation determines the response. Responses will be furnished within a reasonable amount of time and may vary. There is no guarantee that users will always communicate with the same Coach. We offer a variety of Coaching opinions consistent with the goal of the user receiving the best advice for their relationship. HtGtMoYD.com will consistently provide women with objective advice to help them make the best decisions regarding their relationships with men, whether they are single, dating, engaged, married, divorced or widowed.

Each response we furnish is an advisory opinion. We offer no guarantees such as engagement, marriage, etc. Our service is not to settle disputes of child custody, financial matters, divorces, accounting, etc., or to advise in decisions involving religion or politics. Our service is to help you to make the best decision in every situation from an objective and educated male point of view. We are your inner ear, but ultimately the final decisions are yours, and your responsibility. Our goal is simply to give you a clear, unbiased, extraordinary male’s point of view to help you stay connected to what men are thinking. We do not want anything from you but your loyalty, commitment, and membership so that we may help you make the best decisions possible regarding the most important relationships you are ever going to have in life.
Users are not to give Coaches personal information, such as their phone number or personal e-mail, nor are they to engage in personal sexual conversations. Doing so is a violation of the user agreement and could call for immediate account termination with no refund. In order to give you the best service, everyone must be as honest as possible. Only one user is allowed per membership. Sharing memberships with multiple users is a violation of the user agreement. We are not liable for consequences of violations of the user agreement.
We answer general questions regarding your relationships with men, whether you are in a relationship, engaged, married, divorced, or single. We are not licensed therapists, counselors, psychiatrists, or English majors, though you may at times be connected with a Coach who is one or more of these. We are not to be held liable for undesirable results – we dispense advice, but the final decision is always yours. We do not profess that all correspondence will be without grammatical errors. We are simply extraordinary men with relationship experience who can give honest, unbiased opinions and advice. We have learned from our many past experiences, and want to give you the benefit of that knowledge. We are not here to judge any woman, only to give her the hardcore truth, even if it may be hard to hear. We give you an honest evaluation of each situation and do not choose sides. We do not care about your profession, social status, education level, race, looks, or class. An important aspect of your membership is commitment. Our Coaches cannot help you unless you commit to using the website on a regular basis and keep in regular communication with them.

To repeat:
• The Company will not be held liable for the decisions you make from the advice you may receive from our Relationship Coaches. We are here to help you make the best possible decisions based on our opinions, but the ultimate decisions are up to you.
• We have selected our Coaches through an intensive process and a series of tests. However, please be aware that not all of our Coaches are licensed, practicing mental health professionals. It is not intended for them to give a diagnosis or serve as a replacement for any mental health disabilities.
• While we have pre-screened every one of our Coaches, we cannot guarantee that the grammar and spelling of their replies will always be perfect.

Upon registering for Virtual Coaching for $3.50, users will receive one Virtual Coaching Session, Mobile Access, and unlimited access to our dating and relationship archives (noted as “Premium Content” on our website). Users pay-as-you-go for additional Virtual Coaching Sessions and can buy them individually for $3.50 each, or buy them in bundles of 3 for $9.75 or 7 for $21.
Users may also register for a free membership which gives them access to Premium Content and qualifies them for the Urgent Response member rate. Virtual Coaching Sessions may be purchased and added to their account.
In order to ensure clarity in your communications, each Virtual Coaching Session query is limited to 1000 characters or less.

Urgent Response: When users need urgent response, a Coach will sign on to the system within 10 minutes of request and chat live with the member. There is a 10 minute minimum for $9.99 and each additional minute or part thereof is $.99.

Mobile Application: Allows users to access site and send e-mails from mobile device. Linked to the user account for members.
Urgent Response Mobile feature: For members only. Users can access one Virtual Coaching Session from their mobile phone through the mobile option only. The response time will be within 60 minutes. The cost of this message from their mobile device is $.99
All of our programs come with a satisfaction guarantee. If a user is dissatisfied with our service, she may request a refund by writing us an e-mail to customerservice@howtogetthemanofyourdreams.com with the reason for her dissatisfaction and suggestions on how to improve our services.

Our eBook, The 14 Step Program to Finding and Keeping the Man of Your Dreams, is $9 and is governed by the same terms and conditions of the use of the website and its services. This product and associated materials are copyrighted 2010 by HtGtMoYD.com, LLC, all rights reserved.
The eBook is licensed only for the non-commercial private exhibition for the individual purchaser. This agreement permits you to receive a single, non-transferable, non-assignable license for the non-commercial private exhibition of this product. Any public performance, distribution, copying or the like is strictly prohibited. HtGtMoYD.com, LLC, will, in all circ**stances, pursue anyone who infringes upon or otherwise violates its rights under this contract or at law or equity for the maximum remedies, protections, and statutory damages allowable under but not limited to Title 17, United States Code, Chapter 5.
The information contained in the eBook is for your personal entertainment only. Statements made and concepts conveyed throughout this product are personal opinions. HtGtMoYD.com, LLC makes no representation otherwise. None of the material contained in the eBook is to be considered legal or personal advice. This product is provided “as-is” without any warranties of any kind whatsoever (either expressed or implied) and you alone assume all risks associated with the use of this product. Your purchase and/or use of this product waives any claim whatsoever against HtGtMoYD.com, LLC, and any of its officers, staff, advisors, representatives, or designees that may arise from such use.

Membership and Billing

You can find the specific details regarding your membership with HtGtMoYD at anytime by clicking on the “My Account” link, located at the top of the pages of the HtGtMoYD Web site.

Billing

By starting your HtGtMoYD membership, you are expressly agreeing that we are authorized to charge you a membership fee, any applicable tax and any other charges you may incur in connection with your use of the HtGtMoYD service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Billing will be charged by and made payable to How to Get the Man of Your Dreams.com, LLC, a Delaware corporation. Additional charges may include gift subscription purchases you make or service level changes you request. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circ**stance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “My Account” button, available at the top of the pages of the HtGtMoYD Web site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
We reserve the right to terminate your account for any or no reason.

Features & Functionality

Applications

The HtGtMoYD website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) (“Application(s)”). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by HtGtMoYD. Unless otherwise noted by HtGtMoYD on the HtGtMoYD website, these Applications are provided solely as a convenience to you, and HtGtMoYD is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your HtGtMoYD account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your HtGtMoYD account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if HtGtMoYD has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold HtGtMoYD harmless for the sharing of information relating to your HtGtMoYD account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your HtGtMoYD account information with, through or by any other means identified on an Application. In addition, that Application’s end user license agreement, terms of use, and/or any other doc**entation or materials designated by the Application will govern your use of that Application. You may revoke an Application’s access to your HtGtMoYD account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by HtGtMoYD. While these Applications may utilize HtGtMoYD trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not HtGtMoYD, unless otherwise indicated by HtGtMoYD. HTGTMOYD DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection

In order to provide you with ease of access to your account, HtGtMoYD may place a cookie (a small text file) on any computer from which you access the HtGtMoYD website. When you revisit the HtGtMoYD web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the HtGtMoYD website.
If you find that you’re a victim of identity theft and it involves a HtGtMoYD account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. HtGtMoYD reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. HtGtMoYD is not obligated to credit or discount a membership for holds placed on the account by either a representative of HtGtMoYD or by the automated processes of HtGtMoYD.

Disclaimers of Warranties and Limitations on Liability

THE HTGTMOYD SERVICE, INCLUDING ALL FEATURES AND FUNCTIONALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE HTGTMOYD SERVICE, THE WEBSITE AND ITS CONTENTS. HTGTMOYD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE HTGTMOYD SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT HTGTMOYD MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE HTGTMOYD SERVICE WITHOUT COMPENSATION OR NOTICE TO YOU. HTGTMOYD SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AS DEFINED IN THE APPLICATIONS SECTION ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the HtGtMoYD service or on the HtGtMoYD website; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the HtGtMoYD service and/or website; (iv) delivery and or display of any content contained on the HtGtMoYD website or through the HtGtMoYD service; and (vii) any losses or damages arising from the use of the content provided on the HtGtMoYD website or the HtGtMoYD service itself, including any losses or damages arising from any conduct by users of the HtGtMoYD service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the HtGtMoYD service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon HtGtMoYD or its affiliated parties.
In no event shall HtGtMoYD, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the HtGtMoYD website, its contents or the HtGtMoYD service, including any features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the HtGtMoYD service, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month’s membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Indemnification and Hold Harmless

As a member, you agree to indemnify, defend, and hold harmless HtGtMoYD, Inc., and its officers, directors, agents, and employees from and against any and all demands, claims, and damages to persons or property, losses and liabilities, including reasonable attorney’s fees, arising out of or caused by your use of the site or information received from it.

Intellectual Property

Copyright

All content included on the HtGtMoYD Web site and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of HtGtMoYD, Inc., or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of HtGtMoYD, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from HtGtMoYD, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the HtGtMoYD website, not to insert any code or product or manipulate the content of the HtGtMoYD website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method. HtGtMoYD reserves the right to terminate your membership hereunder if HtGtMoYD, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content. The use of the HtGtMoYD service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the HtGtMoYD website.

Trademarks

The HtGtMoYD logo and HtGtMoYD.com are trademarks or service marks of HtGtMoYD, Inc. The HtGtMoYD website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of HtGtMoYD, Inc. The trademarks, service marks and trade dress of HtGtMoYD may not be used or reproduced without prior written approval from HtGtMoYD, Inc. and may not be used in connection with any product or service that is not affiliated with HtGtMoYD, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of HtGtMoYD, or in any manner that disparages or discredits HtGtMoYD. Other trademarks that appear on the HtGtMoYD website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HtGtMoYD. Any images of persons or personalities contained on the HtGtMoYD website are not an indication or endorsement of HtGtMoYD or any particular product or our service unless otherwise indicated.

Entertainment and Website Content

We distribute entertainment and information and we reserve the right to display and promote the information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the HtGtMoYD website allows you and other third parties to post reviews or comments concerning the entertainment and information distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the HtGtMoYD website are those of the respective authors or producers and not of HtGtMoYD, Inc., or its shareholders, directors, officers, or employees. Under no circ**stances shall HtGtMoYD, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the HtGtMoYD website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the HtGtMoYD website.

Use of Information Submitted

HtGtMoYD, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to HtGtMoYD, including information in Virtual Coaching Sessions, responses to questionnaires, or through postings to the HtGtMoYD website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the HtGtMoYD website or other websites, though names and identifying details will be changed. Furthermore, by posting on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the information submitted in any media, software or technology of any kind now existing or developed in the future.

Please note HtGtMoYD does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to HtGtMoYD. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against HtGtMoYD and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the HtGtMoYD service, you consent to receiving electronic communications from HtGtMoYD. These communications will include notices about your account (e.g., receiving e-mails and other transactional information) and information concerning or related to our service, such as featu entertainment information or offerings. These communications are part of your relationship with HtGtMoYD and you receive them as part of the HtGtMoYD membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service

If you need assistance with your account, you may e-mail us at customerservice@howtogetthemanofyourdreams.com.

Your Conduct on the HtGtMoYD Website
By accessing the HtGtMoYD website, you agree to use the HtGtMoYD service, including all features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the HtGtMoYD website. You also agree not to interfere with the servers or networks connected to the HtGtMoYD website or to violate any of the procedures, policies or regulations of networks connected to the HtGtMoYD website. You also agree not to impersonate any other person while using the HtGtMoYD website, conduct yourself in a vulgar or offensive manner while using our service, or use the HtGtMoYD website for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to become a member of the HtGtMoYD service. By using this service, you warrant that you are at least 18 years old.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Additionally, pursuant to the Communications Decency Act of 1996 (47 U.S.C section 230, et seq.), we reserve the right to remove any account and/or any message sent by any account holder, allegedly containing deceptive, defamatory, illegal and/or commercial information or data (“deceptive account”) as we become aware of it. Deceptive accounts (until their deletion) may be included in the aforementioned calculation.

Links and Pages

Some of the hyperlinks on the HtGtMoYD website may lead to other websites or Applications that are not controlled by, or affiliated with, HtGtMoYD, Inc. In addition, other websites may link to the HtGtMoYD website or HtGtMoYD may include links to the websites of businesses, including those that have associations with us through certain programs. For example, HtGtMoYD may include pages that display and provide information on Applications, HtGtMoYD ready devices or other products. These pages may provide links to third party sites where HtGtMoYD members may obtain or purchase such Applications and devices. HtGtMoYD has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that HtGtMoYD is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled “Applications.”

Claims of Copyright Infringement

It is the policy of HtGtMoYD to respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the HtGtMoYD website, or know of someone who is making unauthorized use of the content of the HtGtMoYD website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the HtGtMoYD website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright notice hotline is (214) 272-0303 and the email address is copyright@HtGtMoYD.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement 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 of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten 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, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. HtGtMoYD shall have the right to terminate the account of any member who posts infringing material.
Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

HtGtMoYD, Inc.
Attn: General Counsel/DMCA Notification
PMB 7194
2711 Centerville Rd, Suite 120
Wilmington, DE 19808

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of law provisions. You and HtGtMoYD agree that the United States District Court for the Southern District of California and/or the California Superior Court for the County of Los Angeles shall have exclusive jurisdiction over any dispute between you and HtGtMoYD relating in any way to the HtGtMoYD service or Web site or these Terms of Use. You and HtGtMoYD expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Severability:

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
• the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
• the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
Warning: Federal Law provides severe civil and criminal penalties for the unauthorized reproduction or public distribution or exhibition of copyrighted motion pictures, video tapes, or video discs. This product is protected by title 17, United States Code, including but not limited to, sections 501, 504 and 506.

Last Updated: October 17, 2012

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