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Indemnification You agree to defend, indemnify and hold harmless MadThumbs and its owners, managers, employees and agents from and against any claim, cause of action, liability, loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement. You and MadThumbs hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. A counter- notification is the proper method for the Recipient to dispute the removal or disabling of material the "Material" pursuant to a Notice. We will, in our sole and absolute discretion, cooperate with any party who sends us a Notice of Infringement, including providing all information about your account in our possession such as your account information, upload information, IP address and, if you are a Cash4Porn user, your payment information. Additionally, within ten to fourteen days of our receipt of the counter- notification, we will replace or cease disabling access to the disputed material provided that we or our designated copyright agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. A specific description of the material that was removed or disabled pursuant to the Notice. A "Repeat Infringer" is a user about whom we receive more than one notice that the user does not have the right to grant the license set forth herein. Arbitration take place in Miami-Dade County, Florida, exclusively. You and MadThumbs hereby agree that no action whether for arbitration, damages, injunctive, equitable or other relief, including rescission will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts. To submit a counter-notification, please provide Our Designated Copyright agent the following information: Walters Longwood, FL Fax: You and MadThumbs each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis. The obligation to arbitrate is not binding upon MadThumbs with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the Content. We reserve the right to terminate any account reported for infringing on the intellectual property of any third party, and we will act expeditiously to remove access to all identifiable material that is alleged to infringe on a third party's copyright, according to the procedure set forth in 17 U. After the designated agent receives the counter-notification, we will replace the material at issue within days after receipt of the counter-notification unless the designated agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
