ACCEPTANCE OF TERMS The web pages available at DigitalOvercast.com, and all linked pages ("Site"), are owned and operated by Digital Overcast ("Digital Overcast") and is accessed by you under the Terms of Use described below ("Terms of Use"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. Digital Overcast's ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Digital Overcast, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS OF TERMS OF USE Digital Overcast reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Digital Overcast will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Digital Overcast's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
DESCRIPTION OF SERVICE Subject to full compliance with the Terms of Use, Digital Overcast may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Digital Overcast performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Digital Overcast may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Digital Overcast may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
COPYRIGHT COMPLAINTS Digital Overcast respects the intellectual property of others. It is Digital Overcast's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Digital Overcast will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Digital Overcast may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Notifying Digital Overcast of Copyright Infringement: To provide Digital Overcast notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of kien@DigitalOvercast.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Digital Overcast with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Digital Overcast with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at kien@DigitalOvercast.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.