Terms of Use

Welcome to Yowie!

This Terms of Use Agreement ("Agreement") is a legally binding contract between you ("You" or "Your") and Yowie, LLC ("Yowie"). This Agreement specifies the terms and conditions for access to and use of Yowie.com (collectively, including all content and functionality, the "Site") and describes the terms and conditions applicable to Your access of and use of the Site. By using this Site, and in consideration of Yowie providing its services of the Site to You, You agree to comply with and be bound by this Agreement, and the Site's Privacy Policy, found at www.yowie.com/privacypolicy and incorporated herein by reference, whether You have not registered with the Site ("Visitors") or You are a registered with the Site ("Members") (Visitors and Members shall be collectively referred to herein as "Users"). Please review these terms and conditions and the Privacy Policy carefully.

YOU UNDERSTAND THAT BY USING THIS SITE, SERVICES (INCLUDING CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR ITS SERVICES. If You agree to this Agreement on behalf of a business, You represent and warrant that You have the authority to bind that business to this Agreement and Your Agreement to these terms will be treated as the agreement of the business. In that event, "You" and "Your" will refer and apply to both that business and You.

1. Agreement. This Agreement applies to all use of the Site, including Users who are also contributors of video content, information and other materials or services on the Site and Users who appear in interviews, whether as an interviewee, interviewer or question contributor. Yowie reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site or modify this Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.yowie.com/legal/terms. Posting on the Site a change notice or a new agreement is considered sufficient notice to You of the modifications. However, You agree to be bound by any superseding terms of use agreements, even if You have not received notice of such a change. Each use by You shall constitute and be deemed Your unconditional acceptance of this Agreement. If modifications of the Agreement are not acceptable to You, Your only recourse is to terminate this agreement and immediately refrain from using any and all services provided by the Site. Your continued use of the Site constitutes ratification of Your acceptance of any new terms or conditions.

2. Right to Access. Yowie reserves the right to prevent and/or prohibit access to the Site by anyone for any reason, consistent with applicable law, including Your failure to follow the policies itemized herein, as a result of which Yowie in its sole discretion may take appropriate action, including, but not limited to removing Users from chat rooms, permanently banning Users from chat rooms, and/or banning a User from accessing the Site, including those that have connected through Facebook. To assist in enforcing Yowie's rights and responsibilities, You agree to allow Yowie to uniquely identify any computer You use to access the Site as the source of recordings made on the Site. You acknowledge that use of the Site is a privilege granted under this Agreement and that Your rights to free speech will not be considered abridged in the event that You are denied access to the Site.

3. Yowie Accounts. In order to access certain features of the Site, You will have to create a Yowie account and become a Member. To become a Member You must be at least 13 years of age. When You register, You will be asked to choose a username and a password. You agree that You are responsible for safeguarding Your password and You agree not to disclose Your password to any third party. You agree that You are solely responsible for any activities or actions that occur on Your account, whether or not You have authorized such activities or actions. You must notify Yowie immediately of any breach of security or unauthorized use of Your account. Although Yowie will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Yowie or others due to such unauthorized use.

You agree that the information that You provide to Yowie upon registration, and at all other times will be true, accurate, current and complete. You may terminate Your Yowie account at any time and for any reason by selecting "Close Account" in Your account preferences.

Connecting Through Facebook. You agree that by connecting to Yowie by using Your Facebook account, You are over the age of 13 and that the information You provide through Facebook is true, accurate, current, and complete.  Additionally, solely You are responsible for safeguarding Your Facebook username and password and for any activities or actions that occur through Your Facebook account.

4. Intellectual Property Rights and Ownership.

Definitions: "Content" as used in this Agreement means, collectively, the text, images, illustrations, icons, headers, date, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like made available through the Site, excluding User Content.  "User Content" as used in this Agreement means, collectively, the text, data, remarks, suggestions, ideas, graphics, images, photos and video files and other content and information which Users stream, post, upload and otherwise submit to the Site, including without limitation live broadcast chats and interviews; live performances streamed or broadcasted; recorded versions of live broadcasted chats,  interviews and performances; discussion groups; interview questions, message boards and Member created profile pages. User Content may include incorporation and modification of existing copyrighted materials published, posted or broadcasted on the Site, including but not limited to movie trailers, music videos, MP3 files, music lyrics, images or photographs (collectively, "User Submissions"). User Content and User Submissions shall collectively be referred to herein as "User Content and Submissions".

Content: "Yowie" is a trademark of Yowie. All Content on the Site, including without limitation the trademarks, service marks and logos contained therein are owned by or licensed to Yowie, subject to copyright and other intellectual property rights or licenses held by Yowie under the law. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Yowie owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Site.

Content on the Site is provided to You AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, republished, distributed, assigned, sublicensed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to copy materials on the Site, reverse engineer or break into the Site, alter or modify any part of the Site, access content through any technology or means other than the explicitly authorized means Yowie may designate, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Yowie and Yowie may terminate Your use of this Site at any time. Under no circumstances will You acquire any ownership rights or other interest in any content by or through Your use of this site.

User Content: Yowie has, without restriction or compensation to the User submitting or broadcasting the User Content, the right to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content in connection with the Site and Yowie's business and its successors' and affiliates' business, including without limitation advertising the Site or User Content on other websites using Your name, image and/or likeness and User Content, and promoting and redistributing part or all of the Site in any media formats and through any media channels.

You retain all of your ownership rights in Your User Content.  However, by uploading, streaming, submitting, posting, publishing or otherwise transiting any User Conent and Submissions to the Site, You hereby grant Yowie a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content and Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You affirm, represent and/or warrant that You own or have the necessary licenses, rights, consents and permissions to use and authorize Yowie to use all patent, trademark, trade-secret, copyright or other proprietary rights, including privacy and publicity rights, to any and all User Content and Submissions to enable inclusion and use of the User Content and Submissions in the manner contemplated by the Site and this Agreement.

You also hereby grant each user of the Site a non-exclusive license to access Your User Content and Submissions through the Site. You agree that this license includes the right for Yowie or other users of its Site to make such User Content and Submissions available to other companies, organizations or individuals with whom Yowie has relationships for the provision of syndicated services, and to use User Content and Submissions in connection with publicizing the content and/or Site. You understand that Yowie, in performing the required technical steps to provide the services of the Site to Users, may transmit or distribute Your User Content and Submissions over various public networks and various media; and make such changes to Your User Content and Submissions as are necessary to conform and adapt that content to the technical requirements of connection networks, devices, services or media. You agree that this license shall permit Yowie to take these actions.

Limitations: You acknowledge and agree that Yowie may, at its option, establish limits concerning User Content and Submissions, including without limitation the maximum number of days that User Content and Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to You for the storage of User Content and Submissions on Yowie's servers. Yowie will have no responsibility or liability for and You are solely responsible for creating back-ups of Your User Content and Submissions.

Disclaimer: You understand that when using the Site, You will be exposed to User Content and Submissions from a variety of sources, and that Yowie is not responsible for the accuracy, usefulness or safety of or relating to such User Content and Submissions. You further understand and acknowledge that You may be exposed to User Content and Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Yowie with respect thereto, and agree to indemnify and hold Yowie, its owners/operators, affiliates, employees, directors, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.

Yowie does not endorse any User Content and Submissions or any opinion, recommendation, or advice expressed therein, and Yowie expressly disclaims any and all liability in connection with User Content and Submissions. Yowie does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Yowie will remove all User Content and Submissions if properly notified that such User Content and Submissions infringes on another's intellectual property rights. Yowie reserves the right to remove User Content and Submissions without prior notice.

5. Site Use and User Obligations.The Site may be used and accessed for lawful purposes only.  You may access User Content and Submissions submitted by other users for Your information and personal use solely as intended through the provided functionality of the Site. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with Your use of the Site. In addition, without limitation, You agree You do not have the right to and will not do any of the following while using or accessing the Site:

1. Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any Content, User Content or User Submissions (collectively "Site Content")  in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement;
2. Upload, stream, email or otherwise transmit (i) any Site Content to which You do not have the lawful right to copy, transmit and display (including any User Content and User  Submission that would violate any confidentiality or fiduciary obligations that You might have with respect to the User Content and/or User Submission); (ii) any Site Content for which You do not have the consent or permission of each identifiable person in the Site Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Site Content) and such consent or permission is necessary; or (iii) any Site Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
3. Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitations;
4. Use any meta tags or other hidden text or metadata utilizing a Yowie name, trademark, URL or product name, including without limitation "Yowie";
5. Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on the use of the Site or the Site Content herein;
6. Publish, post, stream or broadcast unlawful, false, misleading, libelous, obscene, threatening, hateful, harassing or defamatory statements about any organization or person, or publish, post, stream or broadcast any User Content and Submissions that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), or that contain objects or symbols that are deceptive, threatening, abusive, inciting of lawful action, defamatory, libelous, vulgar or violent or that constitute hate speech;
7. Publish, post, stream or broadcast content that includes or describes graphic violence;
8. h)Upload, post, stream, email, broadcast or otherwise transmit any User Content and Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
9. Upload, post, stream, email, broadcast or otherwise transmit any User Content and Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content and Submissions that are unrelated to the immediate, aesthetic nature of the User Content and Submissions;
10. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Yowie's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
11.  Attempt to probe, scan or test the vulnerability of any Yowie system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
13.  Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Yowie or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
14. Collect or store personal data about other Users without their express permission;
15. Impersonate or misrepresent Your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
16. Use the Site in any manner not permitted by this Agreement;
17. Attempt to join a chat room that is designated only for Users over 18 years of age if You are not over 18 years of age; or
18. Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.  If YOU notice another USER engaging in any of the aforementioned prohibited policies while accessing the SITE, YOU agree to immediately notify the Yowie administrators at Yowieadmin@yowie.com

You agree not to use the Site or any Content for any commercial use, without the prior written authorization of Yowie. Prohibited commercial uses include any of the following actions taken without Yowie's express approval:

1. Sale of access to the Site or its related services on another website;
2. The sale of advertising, on the Site or any third-party website, targeted to the content of specific User Content and Submissions; and,
3. Any use of the Site or its related services that Yowie finds, in its sole discretion, to use Yowie's resources or User Content with the effect of competing with or displacing the market for Yowie and Site Content.

Yowie has the sole discretion to determine if any content published using the Site violated these content restrictions.

6. User Interactions.You understand that Yowie does not guarantee any confidentiality with respect to any User Content and Submissions, whether or not such User Content and Submission  is published or broadcasted. You shall be solely responsible for Your own User Content and Submissions and the consequences of posting, publishing, streaming or broadcasting them. You are solely responsible for Your interactions (including any disputes) with other Users. You understand that Yowie does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to other Users. You agree to take reasonable precautions in all interactions with other Users, particularly if You decide to meet a User offline, or in person. Your use of the Site, and Site Content and any other information or other materials made available through the Site is at Your sole risk and discretion and Yowie hereby disclaims any and all liability to You or any third party relating thereto. Yowie reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Agreement. You will cooperate fully with Yowie to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Yowie representatives access to any password-protected portions of Your Yowie account.

Yowie may in its sole discretion review and/or record broadcast chat exchanges and/or other communications engaged in via the Site, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement or as otherwise technically necessary.

7. Compliance with Laws. You agree to comply with all applicable laws regarding Your use of the Site. You further agree that information provided by You is truthful and accurate to the best of Your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Yowie and its officers, directors, partners, employees, and affiliates, harmless from and against any liabilities, losses, claims, damages and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way related to (a) Your access to or use of the Site, and/or Site Content; (b) Your violation of this Agreement; (c) Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and/or (d) any claim that one of Your User Content and Submissions caused damage to a third party, including without limitation claims that Your User Content and Submissions are infringing.

9. Disclaimer. THE INFORMATION ON THIS SITE, THE SITE CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS SITE AND SITE CONTENT IS AT YOUR SOLE RISK. YOWIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE AND NON-INFRINGEMENT. YOWIE MAKES NO WARRANTIES OR REPRESENATIONS ABOUT THE ACCURACY OR COMPLETEMENESS OF THIS SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. YOWIE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOWIE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL YOWIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, PUBLISHED, EMAILED, STTREAMED, BROADCASTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

11. Use of Information. You will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Yowie. Any purported assignment or delegation by You without the appropriate prior written consent of Yowie will be null and void. Yowie reserves the right, and You authorize Yowie, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with our Privacy Policy.

12. Relationship of the Parties. For purposes of this Agreement, including if You become a Member and create an account, You are not an employee or agent of Yowie, and You will not represent that You are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under this Agreement, including without limitation any expenses associated with the implementation of this Agreement.

13. Notification of Copyright Infringement. Yowie respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Yowie will respond expeditiously to claims of copyright infringement committed using Yowie's service that are reported to Yowie. If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Designated Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that You claim has been infringed;
3. A description of where the material that You claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Yowie's Designated Copyright Agent for Notice of claims of copyright infringement on the Site is Jamie Snider who can be reached as follows:
copyright@yowie.com
1-888-YOWIE01

14. Counter Notices: One who has posted material that allegedly infringes a copyright may send Yowie a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Yowie receives a counter notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please provide the following information to Yowie's Designated Copyright Agent. Please note that if You provide a counter notice, in accordance with the Yowie's Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party.

1. Identification of the material that has been removed or to which access has been disabled on Yowie's service and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement by You, made 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.
3. Your name, address, telephone number and, if available, email address:
4. The following statement "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Yowie may be found, and I will accept service of process from the complaining party who notified Yowie of the alleged infringement or an agent of such person.
5. A statement by You, made under penalty of perjury, that the above information in Your counter notice is accurate.
6. Your physical or electronic signature.

The Counter Notice should be delivered to Yowie's Designated Copyright Agent, as indicated above.

15. Notification of Trademark Infringement. If You believe that some other intellectual property right of Yours is being infringed by a User, please provide Yowie's Designated Copyright Agent (specified above) with the following information

1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on Your behalf;
2. Your name, address, telephone number and, if available, email address:
3. Identification of the intellectual property alleged to have been infringed, including (i) a complete description or explanation of the nature of the intellectual property, (ii) evidence that You own the intellectual property in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of Your ownership, and (iii) a showing sufficient for Yowie to determine without unreasonable effort that the intellectual property has been infringed;
4. Information reasonably sufficient to permit Yowie to identify the use being challenged;
5. A statement that You have not authorized the challenged use, and that You have a good-faith belief that the challenged use is not authorized by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and, that You are the intellectual property owner, or are authorized to act on behalf of the intellectual property owner.

Upon receipt of notice as described above, Yowie will seek to confirm the existence of the intellectual property on the Site, notify the registered user who posted the content including the intellectual property, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the intellectual property from the Site. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the intellectual property or (b) that the IP is not infringed. If the registered user succeeds in showing either (a) or (b) then Yowie may exercise its discretion not to remove the intellectual property. If Yowie decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.

16. Applicable Law. You agree that this Agreement shall be governed by the internal laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between You and Yowie that arises in whole or in part from Your use of the Site shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California.

17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Yowie's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

18. Force Majeure. Yowie will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Yowie infrastructure or connectivity to the Internet, or failure at Yowie co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Yowie will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

19. Termination. Yowie may terminate this Agreement at any time, with or without notice, for any reason. After any termination, either by You in accordance with paragraph 3 or by Yowie, You understand and acknowledge that Yowie will have no further obligation to You. Upon termination, all licenses and other rights granted to You by this Agreement will immediately cease. Yowie is not liable to You or any third party for any termination. Upon any termination or suspension, any information (including User Content, defined below) that You have submitted on the Site or that which is related to Your account may no longer be accessed by You. Furthermore, Yowie will have no obligation to maintain any information stored in Yowie's database related to Your account or to forward any information to You or any third party. 

Any suspension, termination or cancellation will not affect Your obligations to Yowie under this Agreement (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

20. Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices published by Yowie on the Site, shall constitute the entire and exclusive agreement between Yowie and You regarding the Site and Site Content and supersede and replace any prior agreements between Yowie and You regarding the Site and Site Content .

21. Contact Information.

HOW TO CONTACT US:

Yowie, LLC

1-(888)-YOWIE01

yowieadmin@yowie.com