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Maggie Plus Terms of Use

LAST UPDATED: June 1, 2024
VERSION: 1.0

Maggie Plus Platform Terms of Service

Introduction and Scope
This document is an agreement between You and Maggie Plus, Inc. and its affiliated entities (“Maggie Plus,” “our,” “we” or “us”). You acknowledge and agree that by accessing or using this website or other websites or web pages owned and operated by Maggie Plus, you have agreed to be bound and abide by the Maggie Plus Products General Terms and Conditions as well as these platform terms of service (“Terms of Use”), our privacy notice (“Privacy Notice”) and any additional terms that apply. These Terms of Use govern your access to and use of maggieplus.com, its services, user interfaces, devices, applications, and other websites or web pages owned and operated by Maggie Plus or its subsidiaries (the “Maggie Plus Platform”), including any content functionality and services offered on or through the Maggie Plus Platform.

By clicking “I accept”, or by accessing or using the Maggie Plus Platform, you agree to be bound by these Terms of Use and all terms incorporated by reference. We have included links to additional terms, such as our Privacy Notice which are important and together create this legal agreement that applies to you. If you do not agree to all of these Terms of Use and any additional terms that apply to you, do not use the Maggie Plus Platform.

Please consult Maggie Plus’s website for more information regarding our Privacy Notice, Cookies Policy, General Terms and Conditions, and other Maggie Plus information (the “Policies”). All of these policies are incorporated into these Terms of Use by reference.

Change to the Terms of Use
Maggie Plus may revise these Terms of Use at any time without giving notice. All revisions are effective immediately when posted and apply to any access to and use of the Maggie Plus Platform thereafter. Your continued use of the Maggie Plus Platform following the posting of changes to these Terms of Use constitutes acceptance of those changes. If you do not agree to any changes made to these Terms of Use, you may not access or use the Maggie Plus Platform.

Accessing the Maggie Plus Platform and Account Security
We reserve the right to withdraw or amend any of the Maggie Plus Platform, and any service or material we provide on the Maggie Plus Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Maggie Plus Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Maggie Plus Platform, or all of the Maggie Plus Platform, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Maggie Plus Platform.
  • Ensuring that all persons who access the Maggie Plus Platform through your internet connection are aware of these Terms of Use and comply with them.

     

To access the Maggie Plus Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Maggie Plus Platform that all the information you provide on the Maggie Plus Platform is correct, current, and complete. You agree that all information you provide to register with the Maggie Plus Platform or otherwise, including but not limited to through the use of any interactive features on the Maggie Plus Platform, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Maggie Plus Platform or portions of it using your username, password, or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You agree that you are entirely responsible for the security of your password and for all aspects of keeping your account secure. Furthermore, you are entirely responsible for any and all activities that occur on your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you can be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Additionally, we reserve the right to determine if you have violated these Terms of Use, and to take any other action we deem appropriate, including termination or suspension of your access to and use of the Maggie Plus Platform.

Intellectual Property Rights
All content, features and functionality on the Maggie Plus Platform, including, but not limited to, Marks (defined below), designs, text, graphics, sounds, images, videos, software, and other Maggie Plus Site materials are the intellectual property of Maggie Plus, one of its affiliates, its licensors or other providers of such material, and (i) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and (ii) except as stated herein, may not be modified, copied, displayed, transmitted, published, reproduced or distributed in any form without our prior written permission. If you wish to make any use of material on the Maggie Plus Platform prohibited by this section, you may request permission by writing to: media@maggieplus.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Maggie Plus Platform in breach of these Terms of Use, your right to use the Maggie Plus Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Maggie Plus Platform or any content on the Maggie Plus Platform, except for the nonexclusive, limited license expressly granted to you, is transferred to you, and all rights not expressly granted are reserved by Maggie Plus. Any use of the Maggie Plus Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Provided that you comply with these terms, Maggie Plus grants you a nonexclusive, limited license to access and use the Maggie Plus Platform as a current or potential customer, vendor, or business partner of Maggie Plus or for non-commercial purposes. You may not use the Maggie Plus Platform for any other purpose. We reserve all rights not expressly granted herein.

Trademarks and Brands
Maggie Plus, the Maggie Plus logo, and all related names, logos, product and service names, designs and slogans (“Marks”) are the exclusive and valuable property of Maggie Plus or its subsidiaries. The Marks can only be reproduced or displayed with our specific prior written permission, and only in accordance with Maggie Plus Trademark Policy and Guidelines available on Maggie Plus’s website.

Limited Copyright Permission
Subject to the terms of an applicable software or service license or other written agreement, Maggie Plus grants you permission under its copyrights to display, copy, or download materials from the Maggie Plus Platform for personal, non-commercial, and informational use only, provided that You DO NOT:

  • Modify the Materials;
  • Remove or alter any copyright or other proprietary notices contained in the Materials;
  • Frame or utilize framing techniques, to display the Materials at a domain not owned by Maggie Plus; or
  • Use any Maggie Plus-owned mark or product name as a meta-tag or other “hidden text” for search engines in a manner that does not inure benefit to Maggie Plus.

     

Translations
Where Maggie Plus has provided a translation of the English-language version of a Maggie Plus Site, these Terms of Use, or other materials, you agree that:

  • The translations are only for your convenience;
  • The English-language version governs your use of the materials provided by Maggie Plus; and
  • The English-language version shall take precedence in the event of a conflict between the English-language version and the translated version (except as prohibited by local law).

     

Errors
The Maggie Plus Platform may contain typographical, technical inaccuracies, or other content errors. We do not warrant the accuracy of any information posted on the Maggie Plus Platform. You should use only the current Maggie Plus Platform and also confirm the accuracy and completeness of information through sources other than the Maggie Plus Platform before making decisions relating to products, services, or other matters made available through the Maggie Plus Platform. We disclaim all liability and responsibility arising from any reliance placed on information posted on the Maggie Plus Platform by you or any other visitor to the Maggie Plus Platform, or by anyone who may be informed of any of its contents.

User Contributions 
The Maggie Plus Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Maggie Plus Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you make to the Maggie Plus Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Maggie Plus Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

     

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Maggie Plus, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Maggie Plus Platform.

We reserve the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standard, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Maggie Plus Platform or the public or could create liability for Maggie Plus.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Maggie Plus Platform.
  • Terminate or suspend your access to all or part of the Maggie Plus Platform for any or no reason, including without limitation, any violation of these Terms of Use.

     

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Maggie Plus Platform. YOU WAIVE AND HOLD HARMLESS MAGGIE PLUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MAGGIE PLUS OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MAGGIE PLUS OR ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Maggie Plus Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

     

User Information: Copyright Infringement
If you elect to submit any information, including any confidential or proprietary information, other than credit card information, through the Maggie Plus Platform, it will be deemed and treated by Maggie Plus as NON-CONFIDENTIAL. Other than credit card information, if you submit any information to Maggie Plus through the Maggie Plus Platform, you hereby grant us a royalty-free, perpetual, worldwide, irrevocable, non-exclusive license (including a waiver of any moral rights) under your intellectual property rights to use, copy, modify, display, perform and distribute any such submitted information, and to incorporate any submitted information into other works in any form, media, or technology now known or later developed. We are not responsible for the accuracy of content on any area of the Maggie Plus Platform where users may post or transmit information. Maggie Plus’s Privacy Notice outlines the manner in which we (or others acting on our behalf) collect, use, and share information about you in connection with your use of the Maggie Plus Platform, and it is your responsibility to review our Privacy Notice prior to agreeing to these Terms of Use.

For any claims that any content on the Maggie Plus Platform, including user submissions, infringes upon any third party’s intellectual property rights or rights of publicity or privacy, please refer to our Copyright Policy for the proper notification procedure.

Information About You and Your Visits to the Maggie Plus Platform
All information we collect on the Maggie Plus Platform is subject to our Privacy Notice. By using the Maggie Plus Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

Additional Terms
The Maggie Plus products and services offered on the Maggie Plus Platform may be subject to additional terms and conditions, including the General Terms and Conditions. Additional licensing terms and conditions apply for software you download from the Maggie Plus Platform (including software that is required for the use of certain Maggie Plus services), which are disclosed in the General Terms and Conditions that accompany or are included with such software. Use of the software is governed by the terms of these Terms of Use and the General Terms and Conditions. Any software that is made available for download from the Maggie Plus Platform or for which a fee is charged is the copyrighted work of Maggie Plus or its suppliers. If you purchase Maggie Plus products or services, you will be unable to install any Maggie Plus software unless you agree to the General Terms and Conditions.  Any reproduction or redistribution of the software not in accordance with the General Terms and Conditions as well as these Terms of Use is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Unless indicated otherwise, if there is a conflict between these Terms of Use and the General Terms and Conditions, the General Terms and Conditions will govern.

Third-Party Content and Links
The Maggie Plus Platform may display content provided by third parties and links to third-party web pages, including advertisements and solicitations to purchase their products or services. You acknowledge that we are not responsible for the third-party content. You also agree that we ARE NOT responsible or liable for any losses or damages you experience with any third-party content upon which you choose to rely or advertisements to which you respond and that you must contact the third party directly for any remedies that may be available to you. We are not responsible for any transactions you may enter into with third parties, regardless of whether you discovered them or linked to them from the Maggie Plus Platform. If you access a non-Maggie Plus-owned or controlled website, even if it displays one of our Marks, it is independent of Maggie Plus and we do not have any control of the content on that website. We also are not responsible or liable to you or any third party, for any inaccuracies or other issues with the content of any materials provided by any third parties.

Linking to the Website and Digital Online Features
In the event you link to the Maggie Plus Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Maggie Plus Platform may provide certain features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Maggie Plus Platform.
  • Send e-mails or other communications with certain content, or links to certain content, on the Maggie Plus Platform.
  • Cause limited portions of content on the Maggie Plus Platform to be displayed or appear to be displayed on your own or certain third-party websites.

     

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Maggie Plus Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Link to any part of the Maggie Plus Platform other than the homepage of one of those sites.
  • Otherwise take any action with respect to the materials on the Maggie Plus Platform that is inconsistent with any other provision of these Terms of Use.

     

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any digital online features, including social media features and any links, at any time without notice at our discretion.

Regional Product Availability
The Maggie Plus Platform may contain references to Maggie Plus products and services that are not available in your country or region. Maggie Plus may not intend to announce or make available such products and services in your geographical region.

Export Control Laws
Any software downloaded from the Maggie Plus Platform is subject to applicable export laws and regulations. The export or reexport of software in violation of export control laws and regulations is strictly prohibited. By downloading, purchasing, or using any software from the Maggie Plus Platform, you acknowledge that you have read and understood this notice and agree to comply with all applicable export laws and regulations.

DISCLAIMER OF WARRANTY
YOUR USE OF THE MAGGIE PLUS SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Maggie Plus SITES IS AT YOUR OWN RISK. THE MAGGIE PLUS SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MAGGIE PLUS SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MAGGIE PLUS DISCLAIMS ANY WARRANTY THAT THE MAGGIE PLUS SITES, OR YOUR ACCESS TO THE MAGGIE PLUS SITES, WILL BE UNINTERRUPTED, SECURE, RELIABLE, TIMELY, OR ERROR-FREE. MAGGIE PLUS DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE MAGGIE PLUS SITES. YOUR USE OF THE MAGGIE PLUS SITES, INCLUDING IF YOU DOWNLOAD OR OTHERWISE OBTAIN PRODUCTS, MATERIALS, OR DATA THROUGH THE USE OF THE MAGGIE PLUS SITES, SERVICES, OR PRODUCTS, IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE MAGGIE PLUS SITES, SERVICES, OR PRODUCTS OR THE DOWNLOAD OF SUCH PRODUCT, MATERIAL, OR DATA. IF THE JURISDICTION WHERE YOU ARE LOCATED LIMITS THE EXCLUSION OF WARRANTIES, THEN THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES IS MAGGIE PLUS, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, RELIANCE, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RELATED TO OR ARISING FROM THE MAGGIE PLUS SITES OR ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION, SERVICES OR PRODUCTS AVAILABLE ON THE MAGGIE PLUS SITES, INCLUDING WEBSITES LINKED TO OR ACCESSED FROM THE MAGGIE PLUS SITES AND ANY PRODUCTS DOWNLOADED FROM, OR SERVICES ACCESSED THROUGH THE MAGGIE PLUS SITES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY (EVEN IF MAGGIE PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT OF APPLICABLE LAW.

Indemnification
You agree to defend, indemnify, and hold harmless Maggie Plus, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Maggie Plus Platform, including, but not limited to, your User Contributions, any use of the Maggie Plus Platform’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Maggie Plus sites.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE MAGGIE PLUS SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law
These Terms of Use and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions or your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Brussels or Lugano Conventions, or the Rome or Rome 1 Conventions.  All disputes and obligations with regard to all claims relating to the use of the Maggie Plus products and services shall otherwise be subject to the General Terms and Conditions applicable thereto.

Waiver and Severability
No waiver by Maggie Plus of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Maggie Plus to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement
These Terms of Use, General Terms and Conditions, our Privacy Notice, and other Policies incorporated by reference constitute the sole and entire agreement between you and Maggie Plus with respect to the Maggie Plus Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Maggie Plus Platform.

Force Majeure
Under no circumstances shall Maggie Plus, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in the performance of the Maggie Plus Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.

Comments and Concerns
The Maggie Plus Platform is operated by Maggie Plus, Inc. and its affiliated entities.

All other feedback, comments, requests for technical support, and other communications relating to the Maggie Plus Platform should be directed to: media@maggieplus.com.

Copyright Policy Complaints
Maggie Plus respects intellectual property and other rights. As set forth in the following paragraphs, Maggie Plus has a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act (“DMCA”) in the United States and terminating accounts of repeat infringers in appropriate circumstances. Maggie Plus may, in its sole discretion, limit, suspend, or terminate any user of the Maggie Plus Platform (an “End User”) account, delay or remove content, and take technical and legal steps to keep users from using the Maggie Plus Platform.

If you or any End User believes its copyright has been infringed, such Subscriber or End User should submit notice to:  legal@maggieplus.com.  Any such notice should include the following:

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material.
  • Contact information is reasonably sufficient to permit Maggie Plus to contact the claimant, and if available, an email address where such person may be contacted.
  • A statement that the claimant has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that such person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

     

If a notice of copyright infringement has been filed against material posted by you or any End User, such person may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

  • The Subscriber’s or End User’s physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement by the Subscriber or End User, under penalty of perjury, that such person has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • The name, address, and telephone number of the Subscriber or End User, and a statement consenting to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Delaware, U.S.A. if residing outside of the U.S.A.), and that such person will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

     

If Maggie Plus receives a valid counter-notification, Maggie Plus may reinstate the removed or disabled material in accordance with the DMCA.