Digital Millennium Copyright Act (“DMCA”)
DMCA
It is Save Dollar Enterprises Inc.’s policy to comply in full with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”). In accordance to this act, if any product/promotion/material (collectively known as “Client Material”) violates a valid copyright, Save Dollar Enterprises Inc. may remove and/or disable access to such Client Material upon receipt of a valid, complete DMCA complaint (a written notification called “Takedown Notice”).
Copyright Notice
The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Submitting a Takedown Notice:
As per the Digital Millennium Copyright Act, if you believe that a valid copyright in which you have ownerships rights is being infringed, Save Dollar Enterprises Inc. is authorized to remove and/or disable access to the Client Material only if you provide a Takedown Notice to Save Dollar Enterprises Inc.’s designated legal agent, which includes all of the following information:
a. The words “DMCA Complaint – Takedown Notice” at the top and/or subject of your communication;
b. A detailed description of the copyrighted work(s) and/or other intellectual property(s) that you claim has/have been infringed;
c. Identification of the specific Client Material that you believe infringes upon your rights and you must provide sufficient information to enable Save Dollar Enterprises Inc. to locate the specific Client Material. The DMCA only authorizes Save Dollar Enterprises Inc. to remove and/or disable access to specific infringing Client Materials. Save Dollar Enterprises Inc. is not authorized to generally disable access to non-infringing Client Materials;
d. The following statements and/or the equivalent:
1. “I swear, under penalty of perjury, that
(i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
e. Your company name (if any), your legal name (printed), your mailing address, and your phone number, and, if available, an electronic mail address (e-mail); and
f. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.
To file a DMCA complaint with Save Dollar Enterprises Inc., you must send a hardcopy communication (ex. letter) via certified-mail to Save Dollar Enterprises Inc.’s designated representative (“Legal Agent”) at the following physical address and/or electronic mail (e-mail) address:
Save Dollar Enterprises Inc.
Attn: Legal Department
117-01 127th Street, Ste. 838
South Ozone Park, NY 11420
E-mail: Contact Us
NOTE: The submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject you to potential liabilities. Prior to filing a Takedown Notice you may wish to first consult with an attorney. Upon Save Dollar Enterprises Inc.’s receipt of a valid, complete Takedown Notice, Save Dollar Enterprises Inc. shall (1) remove and/or disable access to the specific allegedly infringing Client Material identified in the Takedown Notice, and (2) take reasonable steps to contact the Vendor and/or Affiliate providing such Client Material.
Submitting a Counter-Notice:
If Save Dollar Enterprises Inc. removes and/or disables access to your Client Material as a result of a Takedown Notice, you may instruct Save Dollar Enterprises Inc. to restore your Client Material by providing a counter-notification (“Counter-Notice”) to the Save Dollar Enterprises Inc.’s Legal Agent Containing all of the following information:
a. Identification of the Client Material and the location at which the Client Material appeared and/or was available before removal;
b. A statement that you have good faith belief that the Client Material was removed and/or disabled as a result of a mistake and/or misidentification of the Client Material;
c. Your name, address, telephone number, electronic mail (e-mail) address, and a statement that you agree to the jurisdiction of the federal court in New York, and a statement that you will accept service of process from the third party who provided the Takedown Notice;
d. Your physical and/or electronic signature
Upon receipt of your Counter-Notice, Save Dollar Enterprises Inc. shall send a copy of your Counter-Notice to the original complaining party and inform such party that Save Dollar Enterprises Inc. shall replace and/or restore access to your Client Material with no less than 10 but no more than 20 days unless Save Dollar Enterprises Inc. received official notice from the complaining party that it has filed an action seeking a court order to restrain you from restoring the Client Material
Repeat Offender Policy:
If you are the subject of two or more valid and complete Takedown Notices that you do not satisfactorily rebut with valid Counter-Notices, in addition to any other available rights and remedies, Save Dollar Enterprises Inc. reserves the right to terminate your account(s), without penalty and/or liability to Save Dollar Enterprises Inc.. In addition, Save Dollar Enterprises Inc. may exercise all other rights and remedies available to it.
General Policy:
Nothing contained herein shall restrict Save Dollar Enterprises Inc.’s ability and/or right to remove and/or disable access to any Client Material which Save Dollar Enterprises Inc. independently discovers and which, in Save Dollar Enterprises Inc.’s sole discretion, violates and/or infringes any right of any third party, including, without limitation, any Intellectual Property (IP) Right.
Details of the Digital Millennium Copyright Act are available at the US Copyright Office Website: www.copyright.gov
Trademark Policy:
You agree that, in the event that Save Dollar Enterprises Inc. received a written demand, such as a “Cease and Desist” letter (“Demand”) alleging that any Product (“Client Material”) infringes upon, dilutes, tarnishes and/or otherwise violates its trademark rights, Save Dollar Enterprises Inc. may in its sole discretion, remove and/or disable access to such Client Material until Save Dollar Enterprises Inc. receives either:
a. Written confirmation from the party sending such Demand that the Demand is withdrawn and/or has been resolved; OR
b. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by Save Dollar Enterprises Inc. it its sole discretion and which Save Dollar Enterprises Inc. may reject for any reason without penalty and/or liability to you. In order for Save Dollar Enterprises Inc. to accept such rebuttal, you expressly acknowledge and agree that such rebuttal shall include:
1. The information set forth above for a valid Counter-Notice, except such information shall related to the trademark issue and not disputed copyright material; and
2. An express, irrevocable and binding obligation pursuant to which you shall indemnify, defend and hold harmless Save Dollar Enterprises Inc. from any damages, costs, and/or expenses that Save Dollar Enterprises Inc. may incur, in any manner whatsoever, arising out of or in connection with the disputed Client Materials and/or Save Dollar Enterprises Inc.’s restoration thereof.
As a condition of registration with Save Dollar Enterprises Inc. and this website, you acknowledge and agree that:
a. Save Dollar Enterprises Inc. is not under any obligation to restore access to any Client Material even if you provide a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at Save Dollar Enterprises Inc.’s sole discretion;
b. You expressly waive and disclaim any claim and/or potential claim against Save Dollar Enterprises Inc. related to and/or arising out of Save Dollar Enterprises Inc.’s removal of and/or disabling of access to any Client Material in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses; and
c. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon Save Dollar Enterprises Inc. any of the obligations imposed under the DMCA with regard to response times or the like.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
DISCLAIMER OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL SAVE DOLLAR ENTERPRISES, INC. OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER SAVE DOLLAR ENTERPRISES, INC. HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SAVE DOLLAR ENTERPRISES, INC. IS FOUND LIABLE UNDER ANY THEORY, SAVE DOLLAR ENTERPRISES, INC's LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $=. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER SAVE DOLLAR ENTERPRISES, INC. WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Note to Website Users
This DMCA and Trademark Policy is part of, and incorporated within, the Save Dollar Enterprises Inc. Disclaimers. As a condition of registering with Save Dollar Enterprises Inc., you expressly acknowledge that you have read and understood this DMCA and Trademark Policy and you agree to be bounded by the terms and conditions within. If at any time you disagree with this DMCA and Trademark Policy or any part of it, your sole remedy is to cease all use of the Save Dollar Enterprises Inc. website and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full terms of this DMCA and Trademark Policy.
Rev. 05-18-2021