Last Updated: February 26, 2013
These terms of service ("Terms of Service") constitute a legal agreement between you and XP Studio, LLC., a California Company. Any reference to "Foxgram" in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the words "you" and "your" refer to you, the user of Foxgram's website, device, or applications, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Foxgram. As used in these Terms of Service, the term "Site" includes all websites and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word "including" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.
1. ACCEPTANCE OF TERMS
Foxgram provides its Sites to you subject to these Terms of Service, which may be updated by us from time to time. You can review the most current version of the agreement online at any time at http://www.foxgram.com/terms. By using a Site, or selecting the applicable "I agree" button, checkbox, or other similar indication during the registration process, or during a subsequent presentation of a revised version of these Terms of Service, you signify your agreement with these Terms of Service. You agree that your use of the Sites will always be subject to the most current version of these Terms of Service at the time of such use.
You may not use a Site and you may not accept these Terms of Service if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Foxgram.
If you accept these Terms of Service, you represent that you have the capacity to be bound by them, and we suggest you print or save a local copy of these Terms of Service for your records.
Depending on your activities when visiting the Site or using a particular Service, you may be required to agree to additional terms and conditions as indicated on the applicable Site or via the particular Service.
2. SERVICES OFFERED
Foxgram offers various products and functions through the Sites (the "Services"), including a photo printing service that allows you to order photo prints of your Instagram photos on foxgram.com and on mobile devices. To be eligible to use the certain Service, you must be a resident of the United States or one of the countries specified by Foxgram.
YOU ACKNOWLEDGE AND AGREE THAT WHEN Foxgram IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, Foxgram IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. The Services are not sponsored or endorsed by any third parties accessible through the Services.
3. YOUR USE OF THE SERVICES
Your right to access and use the Sites and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Sites and Services for lawful purposes.
Accurate records enable us to provide the Sites and Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at Third Party Sites, and you may not misrepresent any Account Information. In order for the Services to function effectively, you must use your accurate Instagram Account Information. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, Instagram Account Information and other information necessary to facilitate your use of the Services.
In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.
Your access and use of the Sites or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Foxgram, in its sole discretion, may elect to take. In no event will Foxgram be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.
You agree to pay fees for the all Services you use or subscribe to as described on the Sites.
We are using USPS, UPS or FedEX as shipping service and we are not responsible for the loss of the package. If package is returned to us, we will send it again only if you pay the full shipping ammount. If you didn't received the package after 10 business days please contact us at firstname.lastname@example.org and we will provide you proof of shipping in case you need to track the package with shipping company.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you register for an account on a Site, you will receive a password and account designation (your "Site Credentials") upon completing the registration process. You are responsible for maintaining the confidentiality of your Site Credentials.
If you believe that your Site Credentials or device that you use to access any Site has been lost or stolen, that someone is using your account without your permission you must change your Instagram password IMMEDIATELY in order to minimize your possible losses.
The following is our contact information:
Telephone: All Callers:
Address: 9265 Dowdy Dr, Suite 216, San Diego, CA 92126
6. TERM AND TERMINATION
These Terms of Service will be in effect from the date you first access a Site. You may terminate your account with Foxgram at any time. Foxgram may terminate or revise these Terms of Service at any time with or without notice. The provisions and all obligations of and restrictions on you and any user of your account with respect to any Site or Service shall survive any termination of these Terms of Service. The termination of your account with Foxgram shall not affect any fees or charges already due to us from you.
You agree that Foxgram, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of any Site or Service, for any reason, including for lack of use or if Foxgram believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or other terms applicable to a specific Site or Service. Foxgram may, also, in its sole and absolute discretion, and at any time, discontinue providing any Site or Service, or any part thereof, with or without notice. You agree that any termination of your access to a Site or Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Foxgram may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files, the Sites, or the Services by you. Further, you agree that Foxgram shall not be liable to you or any third party for any termination of your access to the Sites or the Services.
You can cancel your registration with any Site or Service at any time and have your information deleted from our records. To cancel your Foxgram account, log in to your account at www.foxgram.com, and click "Log Out".
You agree to defend, indemnify, and hold harmless Foxgram from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys' fees, whether in tort, contract, or otherwise, that arise out of or relate, in whole or in part, to your breach of these Terms of Service or any activity by you in relation to the Sites or your use of the Services.
8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Foxgram MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.
Foxgram MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE SITES OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Foxgram MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
Foxgram does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Account Information. Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Foxgram makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Foxgram shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
9. LIMITATION OF LIABILITY
Foxgram SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF Foxgram HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, Foxgram'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$100.00 (ONE HUNDRED UNITED STATES DOLLARS).
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 OF THIS ARTICLE I MAY NOT APPLY TO YOU.
11. REMEDIES OF USER
Your sole and exclusive remedy for any failure or non-performance of a Service, including any associated software or other materials supplied in connection with a Service, shall be for Foxgram to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
12. MODIFICATIONS TO SITES OR SERVICES
Foxgram reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. We reserve the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid subscriber to the applicable Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Foxgram shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Sites or Services.
13. DEALINGS WITH THIRD PARTIES
Some parts of the Sites are supported by sponsored links from advertisers. Based on information you provide in connection with the Sites or Services, the Sites may present information relating to third party products or services ("Foxgram Offers") to you that may be custom matched to you based on information you provided to the Site, queries made through the Site, or other information. We will always disclose when a particular Foxgram Offer is sponsored.
In connection with Foxgram Offers, the Site may provide links to other web sites or mobile applications belonging to Foxgram advertisers and other third parties. Foxgram does not endorse, warrant, or guarantee the products or services available through the Foxgram Offers (or any other third-party products or services advertised on or linked from our Site), whether or not sponsored, and Foxgram is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Foxgram does not guarantee that offers from any particular advertiser or other third are actually the terms that may be offered to you if you pursue the offer or that they are the best terms available.
14. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites and Services, you represent and warrant to Foxgram that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services. You agree not to access the Sites by any means other than through the interface that is provided by Foxgram for use in accessing the Sites.
If Foxgram, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect Foxgram, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
We may close, suspend, or limit your access to your account or ability to use the Sites or Services;
We may update inaccurate information you provided us;
We may refuse to allow you to use the Sites or Services in the future;
We may take legal action against you; and
You may be liable to Foxgram for the amount of Foxgram's damages caused by your violation of these Terms of Service.
Foxgram, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.
15. Foxgram INTELLECTUAL PROPERTY RIGHTS
All content included or available in connection with the Sites, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the "Content") and the selection and arrangement thereof is owned exclusively by Foxgram or the licensors or suppliers of Foxgram and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the Sites may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Foxgram or the appropriate licensor or supplier.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to Foxgram will be treated as being non-confidential and nonproprietary, and Foxgram will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information. Any submission to a Site shall be deemed and remain the property of Foxgram as further set forth in Section 16 of this Article I.
All non-Foxgram product and service marks contained on or associated with the Sites are the trademarks of their respective owners. References to any names, marks, products, or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply Foxgram's endorsement, sponsorship or recommendation of the third party, information, product, or service.
By posting or otherwise submitting your comment or any other type of submission to a Site (each a "Submission"), you hereby irrevocably grant to Foxgram all present and future rights, title, and interest of every kind and nature whatsoever, including all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including all derivative rights) in and to the Submission, and any ideas, concepts, or elements embodied therein, for use throughout the universe in any manner or venue and for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing Foxgram and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. Foxgram shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Foxgram deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
By posting or otherwise submitting a Submission, you represent and warrant to Foxgram as follows: (a) you are voluntarily submitting the Submission; (b) you understand that no copy of your Submission will be returned to you; (c) the content of the Submission is previously unpublished and is original to you (or, if you are not the person that created the Submission, the person who created the Submission has granted to you all rights necessary to allow you to grant to Foxgram the rights granted pursuant to these Terms of Service); (d) the Submission does not disparage Foxgram or its competitors; does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, and does not contain the names of any people (including any celebrities) or any non-Foxgram trademarks; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the use of the Submission by Foxgram in any manner, venue, or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing Foxgram and its products and services) will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. You hereby agree to indemnify and hold harmless Foxgram from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder.
Foxgram shall have no obligation (expressed or implied) to use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and Foxgram may at any time abandon the use (or posting) of the Submission and/or remove the Submission from the Site for any reason in its sole discretion. You shall not be entitled to any damages or other relief by reason thereof.
You hereby acknowledge and agree that the relationship between you and Foxgram is not a confidential, fiduciary, or other special relationship, and that your decision to provide the Submission to Foxgram does not place Foxgram in a position that is any different from the position held by members of the general public with regard to elements of the Submission. You acknowledge and agree that Foxgram does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
17. CHANGES TO YOUR INFORMATION
You agree to promptly update all your profile information, including, as applicable, your name, physical address, email address, and financial account information. For instructions on how to update your information, please email us at email@example.com. We are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your account information current.
18. NOTICES TO YOU; CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
Notices to you may be sent via email, through the Service by displaying links to notices generally on the site, or to your mobile device.
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information ("Communications") may be provided by Foxgram to you by electronic means (i.e., via email or by posting the information on a Site). The categories of Communications that may be provided by electronic means include:
These Terms of Service and any amendments, modifications, or supplements.
Records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations.
Disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
Any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Services.
Any other communication related to the Sites or Services.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on a Site, whether or not you have received the email or retrieved the Communication from the Site. An electronic Communication by email is considered to be sent at the time that it is directed by Foxgram's email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with us if your email address changes so that we may contact you electronically. You may update your account records, such as your email address, as described in the Changes to Your Information section of these Terms of Service. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Foxgram will be deemed to have provided the Communication to you.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Sites or Services.
In order to access and retain Communications, you must have:
a computer with an Internet connection;
a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
a valid email address (i.e., your primary email address on file with Foxgram); and
sufficient storage space to save past Communications or an installed printer to print them.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account as described in the Term and Termination section of these Terms of Service and stop using the Sites and Services. There are no fees to close your account with us.
19. JURISDICTION; GOVERNING LAW
These Terms of Service shall be deemed and treated as though they were entered into, executed, and performed solely in California, and the laws of the State of California, without regard for conflict of law rules thereof that would result in the application of the laws of another jurisdiction, apply to all matters relating to use of the Sites and Services and shall without limitation govern these Terms of Service.
By use of the Sites or Services, you agree that any lawsuit or other action brought or filed with respect to use of the Sites or Services or concerning these Terms of Service shall be brought in a court of competent jurisdiction in San Diego County, California and you hereby submit to jurisdiction of such court. In any lawsuit or other action relating to enforcement or breach of these Terms of Service, the prevailing party shall be entitled to recovery of costs, fees, and expenses of any action, including attorneys' fees and accounting fees.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND Foxgram SPECIFICALLY AGREE TO DO SO IN WRITING.
If you do not wish to be bound by the class-action waiver in this Section 19, you must notify Foxgram in writing within 30 days of the date that you accept these Terms of Service. Your written notification must be mailed to: Foxgram, Inc., Attn: CEO,9265 Dowdy Dr, Suite 216, San Diego, CA 92126.
20. COPYRIGHT POLICY
We respect the intellectual property rights of others and we ask that users of the Site do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
A 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 that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
9265 Dowdy Dr, Suite 216
San Diego, CA 92126
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
These Terms of Service constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Foxgram and you.
If any portion of these Terms of Service is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of these Terms of Service that is unlawful, void, or unenforceable shall be stricken from these Terms of Service.
Headings used herein are for convenience only and shall not limit, control, or add to the meaning of any term, provision, or condition.