Personal Information.

MEGADOLLS’ services are intended for the use and enjoyment of children between the ages of 13 and 18. Many of our services are directed towards teenagers; however, some may be generally directed towards children of all ages. Because our services are intended for younger children, we strive to provide safety and security to protect the privacy of our members. We require that ALL USERS agree to these Terms of Service. IF YOU ARE BELOW THE AGE 18 you may not enter into this Agreement by your own right. Therefore, you must have your parent or legal guardian review these Terms of Service with you before entering into this legally binding Agreement. We kindly ask that have your parent or legal guardians help you carefully read and understand these terms and conditions and help you register an account with us. By using the SITE, APP OR SERVICES, DOWNLOADING THE APP, COMPLETING THE REGISTRATION PROCESS AND/OR CLICKING THE “I ACCEPT” BUTTON, you understand and agree that (i) you have read and agree to be bound by this Agreement, and (ii) you are of legal age (18 years old) to form a binding contract with MEGADOLLS.

Notice

PLEASE BE SURE TO CAREFULLY READ OUR PRIVACY POLICY IN SECTION 9 OF THIS AGREEMENT. WE KINDLY ASK ALL PARENTS OF CHILDREN UNDER THE AGE OF 18 TO REVIEW THE PRIVACY POLICY REGARDING PERSONAL INFORMATION THAT WE COLLECT AND USE ABOUT YOU TO IMPROVE OUR SERVICES. BY AGREEING TO THESE TERMS OF SERVICE YOU AGREE THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY AND CONSENT TO ITS TERMS.

Term

This Agreement shall commence as of the date you accept it (in accordance with the preamble) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the terms herein. You may terminate your use of or registration for the Services at any time by closing your User Account (as defined below) and notifying us of your intent to terminate. MEGADOLLS may terminate your use of or registration for the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party, including in the event you have breached this Agreement, or if we are required to by applicable law.

Compliance

By using the Services, you represent and warrant that (a) you and/or a parent or legal guardian are at least 18 years of age or older and acknowledge and agree that features, activities, and other aspects of the Services may be subject to heightened age and/or other eligibility requirements; (b) your use of the Services does not violate any applicable law, rule, or regulation; and (c) you shall make timely and satisfactory payment for any Services purchased by you. If you are not 18 years of age, your parent or legal guardian must consent agree to abide by the terms of this Agreement. If you are not 18 years of age, provide information that is untrue, inaccurate, incomplete, or we suspect that such information is untrue, inaccurate, or incomplete, we may suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you.

Grant of license

License

Subject to your compliance with this Agreement, MEGADOLLS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a single Device that you own or control and to run the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the Apple App Store Sourced Application (i) on an Apple-branded product that runs Apple’s proprietary operating system, and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Ownerhip

As between you and MEGADOLLS, MEGADOLLS exclusively owns all right, title, and interest in and to the Site, App, and Services, and all content contained and/or made available on, through or in connection therewith (“Content”). The Site, App, Services, and Content are protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations, and treaties.

Restrictions

You must not alter, delete, or conceal any copyright, trademark, service mark or other notices contained on the Site, App, or Services, including, without limitation, notices on any Content you transmit, download, display, print, stream, or reproduce from the Services. Except as expressly authorized by MEGADOLLS or as set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third-party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the App or any Content without the express, prior written consent of MEGADOLLS (or its owner, if MEGADOLLS is not the owner). Moreover, the framing or scraping of or in¬line linking to the Site, Services, or any Content contained thereon and/or the use of web crawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us in writing in advance is prohibited. You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services.

User Registration

In order to access and use the Services, we may require that you register for an account (“User Account”), create a unique username and password combination (“User Credentials”), and provide certain additional information, as prompted by our user registration process. You represent and warrant that all registration and account information you submit is truthful and accurate and that you shall maintain and promptly update the accuracy of such information. You may only have one User Account and are responsible for maintaining the strict confidentiality of your User Credentials. You are responsible for any access to, or use of, the Services by you or any person or entity using your User Credentials or the device you use to access and use the Services (a “Device”), whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-¬based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify MEGADOLLS of any unauthorized use of your User Credentials, User Account and/or Device, or any other breach of security, including, without limitation, if your Device is lost or stolen. It is your responsibility to (a) control the dissemination and use of your User Credentials, User Account, and Device; (b) update, maintain, and control access to your User Credentials, User Account, and Device; and (c) cancel your User Account. We reserve the right to deny access, use, and registration privileges to anyone if we believe there is a question about the identity of the person trying to access any account or element of the Services. MEGADOLLS shall not be responsible for any loss or damage arising from your failure to comply with this Section 4

Payment, pricing, and related terms of service

Premium Subscription

In order to access certain features or functionality of the Services (including the ability to access certain content), you may be required to pay Premium membership fees. Premium membership fees, along with any required taxes, may be paid on a monthly or annual basis. All Premium membership fees are payable in advance. You agree to pay the membership fees, and other charges you incur in connection with your MEGADOLLS account, whether on a one-time or subscription basis. MEGADOLLS reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Other Fee-Based Services

The Services include the ability to make certain other fee-based transactions, including, without limitation, the ability to purchase goods and services (“Fee-Based Services”). In some cases, you may be required to make one payment to MEGADOLLS (for example, a deposit) and one or more subsequent payments to a third-party merchant or service provider to complete the transaction. Additional Terms may apply to your use of, access to and purchase of Fee-Based Services and will be presented to you at the time of purchase. Additional Terms may include terms and conditions between you and MEGADOLLS or terms and conditions from third party merchants or service providers who provide the Fee-Based Services. Such Additional Terms are incorporated herein by reference. Unless otherwise stated in the Additional Terms and Conditions for particular Fee-Based Services, the following terms and conditions shall apply to all Fee-Based Services: You may only use the Fee-Based Services if you are 18 years of age or older. You shall pay in full the prices and fees, including, without limitation, all applicable taxes (as more fully described below) for any purchases you, or anyone using the User Account registered to you, make via an Authorized Payment Method (as defined below). All transactions for Fee-Based Services are non-refundable. However, cancelation of subscription may be eligible for a prorated refund as detailed below in section 5.4.2. Where providing Fee-Based Services requires us or a third-party vendor to ship the Fee-Based Services directly to the you then your transaction shall incur the costs of shipping. The costs of shipping may vary depending on the Fee-Based Services. MEGADOLLS reserves the right to cancel any transaction in its sole discretion, in which case you will be given a full refund.

Payment Method and Terms

For all purchases, you will be charged at confirmation of purchase. In addition, for auto-renewing subscriptions, you will be charged within 24 hours prior to the end of the current period. The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, MEGADOLLS may obtain a pre¬approval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. MEGADOLLS reserves the right to change any and all prices for any Services and other Content at any time, for any reason.

Auto Renewal

Your subscription will continue indefinitely until terminated in accordance with this Agreement. After your Initial Term, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at MEGADOLLS’ then-current price for such subscription. You agree that your User Account will be subject to this automatic renewal feature unless you cancel your subscription prior to the Renewal Commencement Date.

Cancelation of Monthly Subscription

If you cancel your subscription with at least 7 days remaining in the then-current month of your term, then your subscription will not renew for another term. You may continue to use your subscription until the end of your then-current month. If you cancel your subscription with less than 7 days remaining in the then-current month of your term, then your subscription will renew for another term. You may continue to use your subscription until the end of the next month, which will conclude your monthly subscription. You will not be automatically charged for another term following the end of the next month after your then-current month

Cancelation of Annual Subscription

You have the right to cancel your subscription at any time. However, all cancellations require at least seven days’ notice of your intent to cancel your annual subscription. If you cancel your subscription with at least 7 days remaining in the current month of your current term, then you may be eligible for a prorated refund. You may continue to use your subscription until the end of your then-current month of your term. All remaining unused portions of your term may be eligible for a prorated refund. If you do not cancel your subscription at least 7 days prior to the next month of your term, then you will not be eligible for a prorated refund including the next month after the then-current month of your term. You will be charged for each month for which you did not properly provided at least 7 days’ notice of your intent to cancel your subscription. You may continue to use your subscription until the end of the next month after your then-current month of your term. All remaining unused portions of your term may be eligible for a prorated refund. Should the cancelation of your subscription be eligible for a prorated refund, you will be required to pay all transaction and processing fees to execute such refund which will be deducted from the remaining balance of the unused portions of your subscription.

General Subscription Authorization

By subscribing, you authorize MEGADOLLS, including any payment processors, to charge you for the initial, and any renewal subscriptions. If MEGADOLLS does not receive payment from you or from a payment processor, (i) you agree to pay all amounts due on your User Account upon demand, and/or (ii) you agree that MEGADOLLS may either terminate or suspend your subscription and continue to attempt to charge you or a payment processor on your behalf until payment is received (upon receipt of payment, your User Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

Taxes

You are responsible for any taxes imposed on any subscription or Fee-Based Services’ transactions conducted on or in connection with the Services and applicable taxes will be added to the amount charged for the applicable transaction. Subscription and Fee-Based Services’ transactions in connection with the Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, without limitation, the billing address and tax rates in effect at the time your transaction is completed. No customers or users are eligible for tax exemptions for transactions made in connection with the Services.

Additional Terms and Conditions

MEGADOLLS may revise any or all of the fees and prices associated with the Services at any time for any or no reason. Further, MEGADOLLS does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current, or error¬-free. Descriptions and images of, and references to, products or services on or in connection with the subscription and Fee-Based Services do not imply MEGADOLLS’ or any of its affiliates’ endorsement of such products or services. Moreover, MEGADOLLS and its third-party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if MEGADOLLS terminates your use of or registration to the Services because you have breached this Agreement, you shall not be entitled to a refund of any unused portion of any fees, payments, or other consideration.

User conduct

You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant, and agree that, while using the Services, you shall not:
6.1 Intentionally or unintentionally engage in or encourage conduct that would violate any applicable law or rule, give rise to civil liability, or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
6.2 Submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that: (i) is, illegal, harmful, threatening, defamatory, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, contains explicit or graphic imagery or descriptions of excessive violence or sexual acts, links to adult content, or promotes discrimination, hatred, or harm of any kind against any group or individual; (ii) makes available private information, or creates a security or privacy risk for any other person or entity; (iii) contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy, or limit the functionality of any property; or (iv) is false, incorrect, misleading, or fraudulent information, including, without limitation, as it pertains to any doll-¬related conduct, activities, achievements, initiatives, promotions, and/or opportunities;
6.3 Intentionally or unintentionally engage in or encourage conduct that adversely affects MEGADOLLS, MEGADOLLS’ affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, operators or service providers, the Services, or causes duress, distress, or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
6.4 Without MEGADOLLS’ written agreement, use the Services for commercial purposes, whether compensated or not;
6.5 Modify, disrupt, impair, alter, or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
6.6 Impersonate any person or entity, including, without limitation, a MEGADOLLS official, or falsely state or otherwise represent your affiliation with a person, entity, or User Posting (as defined herein), transmit or otherwise make available on, through or in connection with the Services false or misleading indications of origin, information, or statements of fact;
6.7 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services, including User Postings (as defined herein) ;
6.8 Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of users or other information;
6.9 Modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist, or authorize any other person to do so;
6.10 Use the Services in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
6.11 Use the services if you are on any U.S. Government list of prohibited or restricted parties.

User postings

Defined; Acknowledgements

The Services may provide you and other users with an opportunity to participate in feeds, forums, communities and other message, comment and communication features and functionalities and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, user information, and other information via the Services (each, a “User Posting”, and collectively, “User Postings”). The term “User Posting” also includes all of the information you submit, or we may receive that is related to your User Posting. When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Posting, your location and/or similar information. You further acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Posting, and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and MEGADOLLS by reason of your transmitting a User Posting to any area of, or in connection with, the Services.

Responsibility; Liability

You understand, acknowledge, and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of MEGADOLLS, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, or agents. You understand that by using the Services, you may be exposed to other user’s User Postings that could be offensive, indecent, or objectionable and, as such, MEGADOLLS does not guarantee the accuracy, integrity, quality, or content of any User Postings. Under no circumstances shall MEGADOLLS be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available.

Unauthorized User Postings

The Services, including, without limitation, all User Posting features and functionality, is for personal purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized User Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit, or reject, without notice to you, for any reason or for no reason, any User Posting, including, without limitation, any Unauthorized User Posting; provided, however, that MEGADOLLS shall have no obligation or liability to you or any third-party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized User Posting” means any User Posting that is or may be construed as violating this Agreement, including, without limitation, Section 6 herein, or is deemed to be unacceptable to MEGADOLLS, as determined in MEGADOLLS’ sole discretion. Additionally, Unauthorized User Postings shall include, but not limited to, User Postings containing material Copyrighted by a Third-Party, User Postings depicting, displaying, or reproducing MEGADOLLS clothing, including dresses, on a doll NOT created by, endorsed, or affiliated with MEGADOLLS (for example any clothing designed and created using MEGADOLLS Services may NOT be depicted in a User Posting as displayed on a doll such as a Barbie ® doll).

Rights; Representations

MEGADOLLS will not acquire any title or ownership rights in the User Postings that you submit and/or make available, EXCEPT, where the User Posting includes an image, rendering, photograph, or graphic design of our doll or doll clothing, including dresses, created using our Services. Such ownership rights and limitations are defined section 8 of this Agreement. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein.You also represent, warrant and covenant that you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein.

License; Usage

In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to MEGADOLLS the unlimited, worldwide, non--exclusive, irrevocable, perpetual and royalty-¬free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub¬license and authorize others to exercise any of the rights granted hereunder to MEGADOLLS, in our sole discretion. For the avoidance of doubt, the rights, licenses, and privileges described in this Agreement and granted to MEGADOLLS shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.

intellectual property

Ownership Rights

MEGADOLLS has intellectual property rights in its Services, including, but not limited to, its App, Site, and related software providing you with the ability to allow you to create and design MEGADOLLS clothing and dresses on templates. MEGADOLLS retains ownership rights in its patterns and designs which are used to create dresses on its proprietary templates. MEGADOLLS forbids the use, copy, and distribution of its templates for dolls, clothing, and dresses, except as expressly authorized by MEGADOLLS. MEGADOLLS owns any and all designs and patterns which it publishes for your use on its Services. Any original doll, clothing, or dress designs and patterns that are created using the MEGADOLLS templates shall be considered a Work Made for Hire under 17 U.S.C. § 101 and shall be exclusively owned by MEGADOLLS. Any User Postings that reproduce, depict, display, or illustrate any MEGADOLLS templates or any dolls, clothing, or dresses shall be exclusively owned by MEGADOLLS only with respect to the reproduction, depiction, display, or illustration of templates, dolls, clothing, dresses, designs, and patterns in the User Posting, and shall be consider as a Work Made for Hire for all applicable purposes.

License

In exchange for any original doll, clothing, or dress designs and patterns created using the MEGADOLLS templates, MEGADOLLS hereby grants you a non-exclusive, revokable license, to use the MEGA DOLL designs and patterns on all MEGADOLLS products and User Postings.

Digital Millennium Copyright Act

MEGADOLLS respects the intellectual property of others and asks you to do the same. MEGADOLLS will (i) remove or disable access to material made available on or through the Services that MEGADOLLS believes in good faith, upon notice from an intellectual property owner or their agent, to be infringing the intellectual property of a third party; and (ii) remove any User Postings uploaded to the Services by “repeat infringers.” MEGADOLLS will consider you a “repeat infringer” if MEGADOLLS has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Postings. MEGADOLLS has discretion, however, to terminate your User Account after receipt of a single notification of claimed infringement or upon MEGADOLLS’ own determination.

Infringement

If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then promptly send a “Notification of Claimed Infringement” containing substantially the following information to MEGADOLLS’ Designated Agent identified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that is allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a
Identification of the specific 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 MEGADOLLS to locate the material;
Information reasonably sufficient to permit MEGADOLLS to contact you, such as an address, telephone number and, if available, an email address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
MEGADOLLS INC., 108-16 64th Avenue Forest Hills, NY 11375 account@megadolls.com

MEGADOLLS may share the Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you hereby consent to MEGADOLLS making such disclosure. If you receive a notification from MEGADOLLS that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide MEGADOLLS a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to MEGADOLLS’ Designated Agent through one of the methods identified in this section, and include substantially the following information:

Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement 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; and Your name, address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, then for any judicial district in which MEGADOLLS may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

If you submit a Counter Notification to MEGADOLLS in response to a Notification of Claimed Infringement, then MEGADOLLS will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that MEGADOLLS will replace the removed User Postings or cease disabling access to the User Postings in 10 business days following receipt of the Counter Notification, unless MEGADOLLS’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.

Liability; Damages

The Copyright Act provides that any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of MEGADOLLS relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. MEGADOLLS reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.