We respect you.
PLEASE READ THIS LEGAL NOTICE CAREFULLY BEFORE USING THE COMPANY'S WEBSITE(S). By accessing and using the Website(s) in any way, including, without limitation, browsing the Website(s), using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, User(s) agree to and are bound by the provisions of this Legal Notice.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE LEGAL NOTICE, DO NOT USE THE COMPANY'S WEBSITE(S) IN ANY WAY.
This legal notice (“Legal Notice”) constitutes the entire agreement between:
Top Communica Dieter Doum
ul. Poznańksa 7a
PL 62-025 Siekierki Wielkie, Poland
PL 7792359802 (VAT)
REGON 366846242 (company ID)
+48 784 627 527 (phone)info.s at company
Dieter Doum (director)
as well as its subsidiaries and affiliates (“Company”), unless stated to the contrary,
the user or users (“User(s)”) of any of the Company's websites and all associated websites (“Websites”).
For the Users' convenience, the Legal Notice has been translated into several languages and subdivided into a short and an extended version. In case of any legal dispute, only the version in Dutch shall be regarded as relevant. In case of any contradiction between provisions of the Legal Notice, the valid provision that is most favourable for the Company shall prevail. If a provision of this Legal Notice is or becomes null and void or if this Legal Notice contains an omission, this shall not affect the legal validity of the other provisions. The null and void provision is agreed to have been replaced by a valid provision which comes closest to what the Company intended; the same applies in the case of an omission. Users agree that all matters covered in this Legal Notice, shall be governed by the laws of Belgium. The courts of Brussels, Belgium shall have exclusive jurisdiction in these matters.
By using the Websites, Users agree to the provisions of this Legal Notice. If they do not agree, they are not allowed to use any of the Websites.
The Legal Notice and all related provisions may be modified at any time without prior notice.
Any use of the Websites is at Users' own risk. The Company assumes no liability whatsoever, except for any liability that cannot be excluded by law, in which case that liability is limited to the minimum allowable by law.
Unless stated to the contrary, all contents of the Websites are protected by copyright.
Company as well as Users may not use the Websites in any illegal way or for any illegal purposes. Objectionable or offensive content will not be published. Company decides at its sole discretion what should be considered objectionable or offensive. The Websites shall only be used for the purposes for which they were intended. The Company makes no guarantees whatsoever with regard to the Websites.
Use of the Websites does not result in any rights or obligations for either party unless specified to the contrary or required by law.
All data collected about Users shall be exclusively used to allow the Company to offer Users its services and&or products. Company shall not disclose collected data to another party except as provided under law or court order or when this is necessary to provide the services and&or products requested. Any cookies on Websites are used to make the Websites as useful as possible. They are not used to determine Users' identities.
The information provided on the websites is free of charge. For services and/or products offered on the Websites the prices and terms and conditions which are to be found on the respective Website or which have been transmitted in writing shall apply.
The Parties to this agreement (Legal Notice) are the Company and the User(s) as named in the general introduction to this Legal Notice.
2. Introduction to the extended version
This Legal Notice constitutes the entire agreement between the User and the Company. Users may be subject to other and/or additional terms and conditions that may apply when agreed upon in writing.
The Company will not accept any counter-offers to this Legal Notice and all such offers are hereby categorically rejected. The Company's failure to insist on or enforce strict performance of the provisions of this Legal Notice shall not be construed as a waiver by the Company of any provision or any right it has to enforce the provisions of this Legal Notice, nor shall any course of action between the Company and Users or any other party be deemed to modify any provision of this Legal Notice. This Legal Notice shall not be interpreted or construed as conferring any rights or remedies on any third parties.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of this Legal Notice at any time. It is the Users' responsibility to check this Legal Notice periodically for changes. Users' use of the website(s) following the posting of changes will mean that Users accept and agree to the changes.
The section titles in the Legal Notice are for convenience only and have no legal or contractual value.
The Company controls and operates its Websites from various locations in the world and makes no representation that the Websites are appropriate or available at any time or in any place. When using the Website(s) Users are responsible for compliance with the local legislation that applies at the Users' location.
3. Applicable law and legal venue
All matters relating to access to or use of the Company's Website(s), including any disputes, will be governed by the laws of Belgium. User and Company agree to the jurisdiction of and venue in the courts of Brussels, Belgium and waive any objection to such jurisdiction or venue. Any claim under this agreement must be brought before court within one (1) year after the cause of action arises or such claim or cause of action is barred.
In the event of any dispute between the Company and the User(s) arising out of or in connection with the use of the Websites, the parties shall attempt, promptly and in good faith, to resolve it. If the dispute cannot be resolved within a reasonable time (not to exceed thirty (30) days), then either party shall submit the dispute to conciliation, mediation and arbitration by asking the Institute of Arbitration (www.euro-arbitration.org) to designate a mediator and eventually the arbitral court that shall settle the dispute in accordance with the Standard Dispute Rules. Conciliation, mediation and arbitration shall be held as far as possible via online conferencing. This clause replaces all clauses contrary to it.
If the dispute cannot be resolved through mediation or arbitration, only then the parties shall be free to pursue any right or remedy available to them under the applicable law.
Parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
The failure of the Company to exercise or enforce any right or provision of the Legal Notice does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Legal Notice to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the Legal Notice remain in full force and effect.
As long as Users comply with this Legal Notice, the Company grants them a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website(s).
The Company may make available to the Users products, tools and utilities for use and/or downloading. The Company does not make any assurances with regard to the results or output that derive from the use of any such products, tools or utilities.
Users agree that the Company may, at its sole discretion and without prior notice, terminate their access to the Website(s) and/or block their future access to the Website(s) if it determines that Users have violated the provisions of this Legal Notice or other agreements or guidelines which may be associated with the use of the Website.
Users also agree that any violation of the provisions of this Legal Notice will constitute unlawful and unfair practice and can cause irreparable harm to the Company for which the Company is entitled to obtain compensation. Users consent to the Company obtaining any compensation that it deems necessary or appropriate in such circumstances. This compensation is in addition to any other remedies the Company may have at law or in equity.
Users agree that the Company may, at its sole discretion and without prior notice, also terminate their access to the Website(s) for any reason, which includes (but is not limited to):
(1) requests by law enforcement or other government agencies;
(2) a request by the User him-/herself (self-initiated account deletions);
(3) discontinuance or material modification of the Website(s) or any service offered on or through the Website(s)
(4) unexpected technical issues or problems.
The Company reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product or service to any User.
Users may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology or any similar or equivalent process, to access, acquire, copy or monitor any portion of the Website(s) or any content or in any way reproduce or circumvent the navigational structure or presentation of the Website(s) or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website(s). The Company reserves the right to bar any such activity.
Users may not attempt to gain unauthorized access to any portion or feature of the Website(s) or any other systems or networks connected to the Website(s) or to any of the Company's servers or to any of the services, materials, other accounts offered on or through the Website(s) by hacking, password mining or any other means.
Users may not probe, scan or test the vulnerability of the Website(s) or any network connected to the Website(s), nor breach the security or authentication measures on the Website(s) or any network connected to the Website(s).
Users may not reverse look-up, trace or seek to trace any information on any other User of the Website(s) nor on any customer of the Company except for information that was published by the Users or Company customer(s) on the Website(s) with the intention to be made available to other Users.
Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
Users may not use or export or re-export any content or any copy or adaptation of such content or any product or service offered on the Website(s) in violation of any applicable laws or regulations.
Users agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website(s) or the Company's systems or networks or any systems or networks connected to the Website(s) or to the Company. Users may not use the Website(s) in any manner that could damage, disable, overburden or impair any of the Company's servers or the network(s) connected to any of the Company's servers or that could interfere with any other party's use and enjoyment of the Website(s).
Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website(s) or with any transaction being conducted on the Website(s) or with any other User's use of the Website(s).
Users may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission they send to the Company by any means. Users may not pretend that they are or that they represent someone else or impersonate any other individual or entity.
Users may not use the Website(s) or any content for any purpose that is unlawful or prohibited by the provisions of this Legal Notice or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.
Users shall not use the Website(s) for any purpose that is unlawful or prohibited by this Legal Notice.
The Website(s) may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, business web pages, ad space, research pages, calendars, photo albums and/or other message or communication facilities designed to enable the User to communicate with others (“Communication Services“).
Users agree to use the Communication Services only to post, send and receive messages and material that are proper and, where applicable, relate to the particular Communication Service. By way of example, and not as a limitation, Users agree that when using the Communication Services or the Website(s), they will not:
(1) use the Communication Services or the Website(s) in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
(2) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful or otherwise objectionable topics, content, material or information;
(4) make files available that contain images, photographs, software or other material protected by intellectual property laws unless they own or control the rights thereto or have received all necessary consent to do the same;
(5) use any material or information, including images or photographs, which are made available through the Website(s) in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
(6) upload viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware or any other similar software or programs that may damage the operation of the Website(s) or of another's computer or property;
(7) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (8) download any file posted by another User of a Communication Service if it is known, or reasonably should known, that the file cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
(9) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, contents or other material that is uploaded;
(10) restrict or inhibit any other User from using and enjoying the Communication Services;
(11) violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
(12) harvest or otherwise collect information about others, including e-mail addresses, unless this is intended by the other person;
(13) violate any applicable laws or regulations;
(14) create a false identity;
(15) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Communication Services or of other Users or usage information;
(16) use in any way the Company's or the Websites' domain name(s) as a sender of messages with the intention of hiding the true identity of the sender;
(17) transmit in any way unsolicited or bulk communications to any User, to the Company or to other parties;
(18) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted via the Communication Services and to remove and/or edit any materials at its sole discretion.
The Company reserves the right to terminate User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Company reserves the right at all times to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion.
Users should always use caution when giving out any personally identifiable information about themselves or others. The Company does not control or endorse the content, messages or information found in any Communication Services and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from Users' participation in any Communication Services. Administrators, managers and hosts of Communication Services are not necessarily authorized Company spokespersons and their views do not necessarily reflect those of the Company.
Materials or content uploaded to the Website(s) or Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination and thus Users are responsible for adhering to such limitations if they download such materials or content.
The Company may run advertisements and promotions from third parties on the Website(s). The manner, mode and extent of advertising by the Company are subject to change. The Users' correspondence or business dealings with, or participation in promotions of, advertisers other than the Company itself found on or through the Website(s), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and the advertiser. The Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or the presence of such advertisers on the Website(s).
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website(s), including contests, promotions, ad space or other similar features, all of which terms are made a part of this Legal Notice by this reference.
Users agree to abide by such additional terms and conditions, including - where applicable - representing that they are of sufficient legal age to use or participate in such service or feature. If there is a conflict between the provisions of this Legal Notice and the terms and conditions posted for or applicable to a specific portion of the Website(s) or any service offered on or through the Website(s), the latter terms and conditions shall be applicable with respect to the use of that portion of the Website(s) or the specific service.
The Company's obligations, if any, with regard to its products and/or services are governed solely by the agreements concluded when delivering the products and/or services, and nothing on the Website(s) should be construed to alter such agreements.
The Company may make changes to any products or services offered on the Website(s), or to the applicable prices for any such products or services, at any time without notice. The materials on the Website(s) with respect to products and services may be out of date and the Company makes no commitment to update the materials on the Website(s) with respect to such products and services.
Although the Company will endeavour to ensure that prices on the Website(s) are up to date and accurate, such prices are only indicative, subject to change without notice at any moment and not guaranteed, except prices in a written quote from the Company, which if less than 60 days old shall be honoured as stated therein.
6. Accounts, passwords and security
Certain features or services offered on or through the Website(s) may require the User to open an account (including setting up a login ID/user name and password). Users are entirely responsible for maintaining the confidentiality of their account information, including their password, and for any and all activity that occurs under their account. Users agree to notify the Company immediately of any unauthorized use of their account or password, or any other breach of security.
Users may be held liable for losses incurred by the Company or any other User of the Websites due to someone else using their login ID/user name, password or account.
Users may not use anyone else's login ID/user name, password or account at any time without the express permission and consent of the holder of that login ID, password or account. The Company cannot and will not be liable for any loss or damage arising from a User's failure to comply with these obligations.
If any service on the Website(s) requires a User to open an account, User must complete the registration process by providing his/her true, current, complete and accurate information as prompted by the applicable registration form, and User will maintain and promptly update such information to keep it true, current, complete and accurate.
Users acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of their contracts. By using the Website(s) and registering for such services, Users consent to the Company's display of such information via the services and accept all risks of unauthorized access to such information. If a User provides any information that is false, inaccurate, out of date, or incomplete, or if the Company has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, the Company may suspend or terminate the User's account and refuse any and all current or future use of the services or any portion thereof. Users are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment that they incur in order to use the services.
Users may be allowed to offer accounts to other new Users. Users who have obtained an account from another User and not from the Company directly are obliged to change the access data immediately in order to block access to their account by the former User. All of the above applies to all Users whether they obtained their account from the Company or another User.
Users acknowledge and agree that the Company may preserve any transmission or communication by them with the Company through the Website(s) or otherwise. The Company may collect data about the Users, including name, e-mail address and IP address. The Company does this to monitor the correct use of the Website(s), to inform User(s) about changes to the Website(s), to deliver the services and products as expected by the Users.
The Company keeps a database of User names and e-mail addresses for notifications regarding product and service changes and updates and information related to the use of its Website(s). Other than that, the Company may inform Users about new products and services.
The Company may use “cookies” on its Website(s) and online services. Cookies enable Users to use shopping carts, to personalize their experience on the Websites, they tell the Company which parts of the Websites have been visited, they help the Company measure the effectiveness of ads and searches and give the Company an insight into user behaviour in order to improve communications, services and products.
The Company may disclose any information it has about the User (including his/her identity) if the Company determines at its own discretion that such disclosure is necessary for any of the following:
(1) enforce this Legal Notice;
(2) respond to claims in connection with any investigation or complaint regarding the use of the Website(s);
(3) identify, contact or bring legal action against someone who may be violating (either intentionally or unintentionally) the Company's rights, or the rights of others, including those of the User(s) and Company's customers;
(4) comply with any applicable law, regulation, legal process or duly authorized official body;
(5) exchange information with other companies and organizations for fraud and crime protection purposes only;
(6) protect the rights, property or personal safety of the Company, its employees, User(s) of its Website(s), and the general public. The Company will never put this information at the disposal of a third party for any other reason.
The Company does not send SPAM. By entering their e-mail address, Users agree to receive e-mails from the Company about products, services and Websites, existing or new, as well as related changes, updates and special deals. The Company will stop sending marketing-related e-mails at User's first written request.
Except as expressly stipulated to the contrary, the Company and/or its respective suppliers make no representations about the suitability of the Website(s) or of the information contained in the documents and publications and related graphics published on the Website(s) for any purpose. Except as expressly stipulated to the contrary, all Website(s), documents and related graphics are provided “as is” without warranty of any kind. Except as expressly stipulated to the contrary, the Company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information. In no event shall the Company and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever arising out of or in connection with the use of the Website(s), use or performance of software, documents, materials, publications, provision of or failure to provide services or information available from the Website(s).
The Website(s), documents and related graphics published on the Website(s) can include inaccuracies, errors or omissions. The Company assumes no responsibility for and disclaims all liability for any inaccuracies, errors or omissions in the Website(s), materials, publications and documents and in any other reference.
Changes are periodically added to the information therein. The Company and/or its respective suppliers may make improvements and/or changes to the Website(s) themselves, products, information, software, programs, documents, publications, prices, technical specifications, product offerings
and any other data and materials on the Website(s) at any time and without notice.
Except as expressly stipulated to the contrary, Users assume all risks concerning the suitability and accuracy of the information within the Website(s), materials, publications and documents.
The Website(s), documents and publications are distributed internationally and may contain references or cross-references to products, programs and services that are not available in certain countries. Such references do not imply that the Company intends to introduce such products, programs or services in User's country.
The Company does not promise that the Website(s) or any content, service or feature of the Website(s) will be error-free or uninterrupted or that any defects will be corrected or that the use of the Website(s) will provide specific results.
The Company cannot ensure that any files or other data Users download from the Website(s) will be free of viruses or contamination or destructive features and the Company disclaims all warranties, express or implied, in relation to downloaded material.
The Company disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or relating to the use of the Website(s) and/or any of the Company's services. The above disclaimer applies to any damages, liability or injuries caused in any way, e.g. failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access, alteration, misuse, breach of contract, tort, negligence.
User's sole remedy against the Company for dissatisfaction with the Website(s) or any content is to stop using the Website(s) or any such content.
The Company reserves the right to do any of the following, at any time, without notice:
(1) modify, suspend or terminate operation of or access to the Website(s) or any portion of the Website(s), for any reason;
(2) modify or change the Website(s) or any portion of the Website(s) and any applicable policies or terms; and
(3) interrupt the operation of the Website(s) or any portion of the Website(s), as necessary to perform routine or non-routine maintenance, error correction or other changes.
Except where prohibited by law, in no event will the Company be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages.
If, notwithstanding the other provisions of this Legal Notice, the Company is found to be liable for any damage or loss which arises out of or is in any way connected with the use of the Website(s) or any content, the Company's liability shall in no event exceed (1) the total of any subscription or similar fees with respect to any service or feature of or on the Website(s) paid in the six months prior to the date of the initial claim made against the Company (but not including the purchase price for any of the Company's products) or (2) EUR 100.00.
Users agree to indemnify and defend the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, co-branders, partners, subsidiaries and affiliates, etc. against and to hold them harmless from any demands, loss, liability, claims or expenses (including attorneys' fees) made by any third party due to or arising from or in connection with the use of the Website(s), including any use by Users' employees, Users' connection to the Website, Users' violation of the provisions of the Legal Notice or Users' violation of any rights of another.
If the Company does take any legal action against a User as a result of his/her violation of this Legal Notice, the Company will be entitled to recover from the User, and User agrees to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Company.
Users agree that the Company will not be liable to them or to any third party for termination of their access to the Website(s) for any reason.
The Company's Websites may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are not under the Company's control and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials of such Linked Sites, nor does the Company accept any responsibility for the content on such third-party websites.
Any feedback Users provide via or about the Website(s) shall be deemed to be non-confidential and non-binding. The Company shall be free to use such information on an unrestricted basis.
9. Intellectual property rights
The Company's name, department names, Websites, website names and names of products and services are protected by copyright.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of the Content of the Website(s) is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
Unless specified to the contrary, Users may not modify, copy, distribute, transmit, display, perform, reproduce, (re)publish, upload, post, publicly display, encode, translate, license, create derivative works from, transfer or sell any Content, information, products or services obtained from the Website(s) without the written permission from the Company.
Users shall respect the intellectual property rights of the Company and any third parties when using the Company's Website(s) or the products, tools and utilities made available by the Company.
Except as expressly prohibited on the Website(s), Users are permitted to view, copy, print and distribute publications and documents within the Website(s) (such as FAQs, white papers, data sheets, press releases, article entries and so on), subject to their agreement that: a) their use of the publications and documents is for informational purposes only; b) they do not copy or post the publications and documents on any networked computer or broadcast them in any media; c) they do not modify the documents and publications or graphics; d) they do not make any additional representations or warranties relating to the publications and documents; e) they do not copy or distribute graphics separately from their accompanying text and they do not quote materials out of context; f) they do display the Company's or respective owner's copyright notice and other proprietary notices on every copy they make, and g) they agree that the Company may revoke this permission at any time and they shall immediately stop their activities relating to this permission upon notice, online or other, from the Company.
Use for any other purpose is expressly prohibited.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, layout of the Website(s) or any other Content. Those elements of the Website(s) are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website(s) may be copied or retransmitted unless expressly permitted by the Company.
All trademarks and brands on the Website(s) are the property of their respective owners.
The Company will investigate claims of copyright infringement and, if necessary, will take appropriate action. Copyright infringements must be submitted in writing to the Company.
To be effective, the written notification must include the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works on a single Website are covered by a single notification, a representative list of such works on that Website.
(3) 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.
(4) 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.
(5) A statement that the complaining party in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(6) 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 the exclusive right that is allegedly infringed.
If any of the provisions of this Legal Notice are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the provisions of the Legal Notice, so that this Legal Notice shall remain in full force and effect.