General terms & conditions

Terms of Use

These Terms of Use are a legal agreement between you and the owner of Politix Studio, Whispering Kite LLC (referring to in these Terms of Use as “Politix”), which provides a website at www.politixstudio.com (the “Website”).  By accessing the Website and using any of the Services (as defined below) accessible through the Website, you become a user and agree to, and are bound by, the terms and conditions of these Terms of Use for as long as you continue to access or use the Website or Services.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR THE SERVICES.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE WEBSITE OR THE SERVICES.  USE OF THE WEBSITE AND THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS BELOW AND TO ALL APPLICABLE RULES OR GUIDELINES PROVIDED HEREIN OR ELSEWHERE WITHIN THE WEBSITE.  THESE TERMS OF USE CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF POLITIX.  PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY.  Your use of, or participation in, certain Services may be subject to additional terms, and those terms either will be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use those Services.  Except as expressly provided in these Terms of Use, nothing within the Website or Services should be construed as an offer by Politix.

There may be times when Politix offers a special feature or contest that has its own terms and conditions that apply in addition to these Terms of Use.  In those cases, the terms specific to the special feature or contest will control to the extent there is a conflict with these Terms of Use.

The Politix services include the following:  (a) a service for ordering and receiving various products and services; and (b) services offering product information and news (collectively, the “Services”).  Politix may offer additional services or revise any of the Services, at its discretion, and these Terms of Use will apply to all additional services or revised Services.

These Terms of Use are subject to change by Politix in its sole discretion at any time, with or without notice.  Your continued use of the Website or Services after the posting of revisions to these Terms of Use will constitute your acceptance of those revisions.  Please consult the end of these Terms of Use to determine when these Terms of Use were last revised. 

 

  1. ACCESS TO THE SERVICES.  Subject to these Terms of Use, we may offer to provide certain services, programs, products, contests, features or content as described more fully on the Website, and which in some instances are selected by you through the process provided therein, solely for your own use, and not for the use or benefit of any third party.  We may change, suspend or discontinue the Services at any time, including the availability of all or any of the individual components of the Services.  We also may impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability.  

You certify to us that you are an individual (i.e., not a corporation or another entity) and that you are at least 13 years of age.  You also certify that you are legally permitted to access the Website and use the Services, and take full responsibility for accessing the Website and selecting and using the Services.  These Terms of Use are void where prohibited by law, and the right to access the Website or use the Services is revoked in those jurisdictions.

We will not be in default or be liable for any delay, failure in performance, compatibility or interruption of service resulting directly or indirectly from any cause beyond our reasonable control.  You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service.  You are responsible for ensuring that those equipment or ancillary services are compatible with the Website and Services.

  1. REGISTRATION AND SECURITY.  As a condition to accessing the Website and/or using the Services, you may be required to register with the Website and select a password and user name (collectively, the “User ID”).  You must provide us with accurate, complete and updated registration information.  Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your account.  You may not:  (a) use as a User ID the name of another person with the intent to impersonate that person; or (b) use as a User ID a name subject to any rights of a person other than you without appropriate authorization.  We reserve the right to refuse registration of, or cancel, a User ID in our sole discretion.  We also reserve the right to refuse service or cancel product orders at any time in our sole discretion, including, without limitation, based on any activity in violation of these Terms of Use or applicable laws and regulations.  You are responsible for maintaining the confidentiality of your password and for restricting access to your computer.  You also agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
  2. PRIVACY POLICY.  Any personally identifiable information or User Content (as defined below) provided in electronic communications to or through the Website is governed by our Privacy Policy, which is expressly made part of, and hereby incorporated into, these Terms of Use.  You hereby acknowledge that you have read and understood the terms of our Privacy Policy.
  3. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY.  Your transmission of User Content to Politix is governed by our Copyright and Intellectual Property Policy, which is set forth at the bottom of these Terms of Use.  You hereby acknowledge that you have read and understood the terms of our Copyright and Intellectual Property Policy.
  4. THIRD-PARTY CONTENT; INTELLECTUAL PROPERTY.  The contents of the Website may be accessed by visitors or registered users of the Website and only may be used in accordance with these Terms of Use.  The materials displayed or performed on the Website (including, but not limited to text, graphics, publications, interfaces, news articles, photographs, images, illustrations, audio clips and video clips, artwork and computer code (collectively, the “Content”)) are protected by U.S. and international copyright, patent and trademark laws, and various other intellectual property and unfair competition laws.  You must abide by all copyright notices, information and restrictions contained in any Content accessed through the Website and/or the Services.

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.  Except as provided herein or with our written consent, you may not copy, download, upload, encode, modify, reverse engineer, publish, post, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display or in any way exploit, any of the Services or Content in whole or in part, other than for your personal use for non-commercial purposes.

The Content displayed or provided on the Website is either the property of, or used with permission by, us.  The use of any Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website.  Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Website are registered and unregistered Marks of ours and others protected by U.S. and international laws.  Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Website without the written permission of Politix or of the third party that may own the Marks displayed on the Website, other than as set forth in these Terms of Use.  Your misuse of the Marks displayed on the Website, or any other Content on the Website, except as provided herein, is strictly prohibited.  You also are advised that we aggressively will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Each third-party content provider owns the copyright and trademark rights in and to all content original to it, including, without limitation, the images delivered or otherwise made available to you through the Website.  Except as permitted by such third party, you acknowledge that you do not acquire any ownership rights in any User Content by downloading or otherwise accessing such third-party content.

We are not responsible for the Content provided by third parties, including statements, images or advertisements.  Accordingly, we have no editorial control over the third-party content.  Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in photographs posted through the Website, are those of the respective third party and not of Politix.  We do not guarantee the accuracy, completeness or usefulness of all or any portion of any third-party content or any services or offers made by third parties, nor will we be liable for any loss or damage caused by your reliance on information contained in any such Content, or your use of services offered, or your acceptance of any offers made through the Website or the Services.

We have not reviewed all of the websites linked to the Website and are not responsible for the content of any off-site pages or any other websites linked to the Website.  Your linking to any other off-site pages or other websites is at your own risk.  The links to these off-site pages are provided only for your convenience.

You may not download or copy any Content or other items displayed on the Website, or store any significant portion of any Content or such items in any form.  Copying or storing any Content for other than personal, non-commercial use in violation of these Terms of Use is expressly prohibited without our prior written permission, or from the copyright holder identified in the Content’s copyright notice.  We neither warrant nor represent that your use of the Content displayed on the Website will not infringe rights of third parties not owned by or affiliated with us.

You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to:  (a) continuously and automatically search or index any Content; (b) harvest personal or business information from the Website for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Website.  If the Website contains robot exclusion files or robot exclusion headers, you agree to honor them.  Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to us via email at [email protected]

  1. USER CONTENT.  By accessing our Website and using our Services you understand and agree that we are providing a Website that may allow you to post content, including photographs, videos, comments and any other materials, to the Website and to share such content publicly (“User Content”).  This means that other visitors or registered users may search for, see, use, or share any User Content that you may provide through the Website or Services, consistent with the terms and conditions of this Terms of Use.

Politix does not claim ownership of any User Content.  Instead, you hereby grant Politix a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to User Content, subject to our Privacy Policy.  The Website or Services provided by Politix may display advertisements and promotions, and you hereby agree that Politix may place such advertising and promotions on the Website and Services, or on, about, or in conjunction with your User Content.  The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You represent and warrant that:  (i) you own the User Content or have received all proper permissions and/or releases to grant the necessary rights and licenses set forth in these Terms of Use; (ii) the submission and use of your User Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Politix has no obligation to prescreen, monitor, display, review, edit, maintain or remove any User Content.  We reserve the right to delete User Content for any reason and if your User Content violates these Terms of Use, you may bear legal responsibility for that User Content.

  1. YOUR COMMUNICATIONS.  Any communications you transmit or post to the Website (including on any bulletin board, chat room or other comment area that we may provide) (“Communications”) by email or otherwise will be treated as non-confidential and non-proprietary, and we will not be liable for any use or disclosure of any unsolicited Communications.  Any Communications (including ideas, concepts, how-to, or techniques) you transmit to us or to the Website may be used freely by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, subject to any other agreement we have with you.  By sending us Communications, you release, waive any claims with regard to, and hold harmless us and our officers, directors, shareholders, member, managers, representatives and agents from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works, public performances, public display, digital performances, sales, offers and other uses of any kind of such Communications in any media now known or hereafter developed, for any purpose whatsoever.  

You hereby warrant, represent and agree to us that you will not transmit any Communications that are infringing, libelous, defamatory, obscene, pornographic, unlawful, threatening, scandalous, inflammatory, profane, abusive, offensive or otherwise violates any law or right of any third party, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any U.S. or international law.  We reserve the right to remove any User Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.  We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone transmitting any such information or materials.  This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.  We have no obligation to monitor the Website, the User Content made available therein, or any Communication that you transmit through the Website.  We assume no responsibility or liability arising from any Communications, Content or User Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within any Communications, Content or User Content.  Without limiting the foregoing, we retain the right to remove any User Content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of our or our licensors’ obligations.

  1. RESTRICTIONS.  You are responsible for all of your activity in connection with accessing the Website and/or using the Services.  Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your right to access the Website or the Services.  You may not transmit, or cause to be transmitted, any communication or solicitation designed or intended to obtain private information from any of our users.

Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including that which is deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.  You will not run Mail list, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are activated while you are not logged on.

  1. WARRANTY DISCLAIMER.  We have no special relationship with or fiduciary duty to you.  You acknowledge that we have no control over, and no duty to take any action regarding:  which users gain access to the Website; what Content or User Content you access via the Website; what effects the Content or User Content may have on you; how you may interpret or use the User Content; or what actions you may take as a result of having been exposed to the Content or User Content.  You release us from all liability for you having acquired or not acquired Content or User Content through the Website.  The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.  We make no representations concerning any Content or User Content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, currency, completeness, suitability, timeliness, copyright compliance, legality or decency of Content or User Content contained in or accessed through the Website, or for any human and/or technical error.  THE WEBSITE, THE SERVICES, CONTENT AND USER CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, NEITHER POLITIX NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT, USER CONTENT OR THE SERVICES WILL MEET YOUR EXPECTATIONS.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  

ANY CONTENT OR USER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT OR USER CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  1. INDEMNITY.  You will indemnify, hold harmless, and at our request, defend us, our parents, subsidiaries, licensors, suppliers, affiliates, officers, directors, managers, shareholders, employees, representatives and agents, harmless from any and all claims, losses, damages (actual and consequential), suits, judgments, costs and reasonable attorneys’ fees, of every kind and nature made by any third party due to or arising out of your access to the Website, use of the Services or the Website, the violation of these Terms of Use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  2. LIMITATION OF LIABILITY.  WITHOUT LIMITING THE APPLICABILITY OF THE FOREGOING, IN NO EVENT WILL WE BE LIABLE WITH RESPECT TO THE WEBSITE, THE CONTENT, USER CONTENT OR THE SERVICES:  (a) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY A USER, IF ANY, THEREFOR; (b) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; OR (c) PERSONAL INJURY/WRONGFUL DEATH.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.  IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON US, THEN OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF OURS WILL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00).  ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICES OR ANY CONTENT OR USER CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.  REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE PROVIDED FOR HEREIN.
  3. RETURN & REFUND POLICY; RISK OF LOSS.  Please refer to our Return & Refund Policy.  All items purchased through the Website are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  We do not take title to any item that you return to us until that item reaches our warehouse.  In our sole discretion, we may issue a refund without requiring a return.  In this situation, we do not take title to the refunded item.  There will be no refunds or returns on perishable items.  
  4. PRODUCT DESCRIPTIONS.  We attempt to be as accurate as possible in describing the products that we offer for sale through the Website; however, we do not warrant that product descriptions or other content provided on the Website is accurate, reliable, current or error-free.  If a product is not as described, your sole remedy is to return it in its unused condition.
  5. PRICING.  Our Website and Services strive to provide the most accurate price available for all listed products.  Placing an item in your shopping cart does not reserve the price shown at the time.  The prices of all of our products are confirmed at the time when they are ordered.  Despite our best efforts, a small number of items offered on the Website may be mispriced.  If the correct price of an item is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.  If the item you ordered is on back order, you will be notified via email and the credit card will not be charged.  Your receipt of an order confirmation does not constitute acceptance by Politix of the order.  We generally do not charge your credit card until after your order has entered the shipping process.  “Final Sale” items are not eligible for price adjustments, special discounts or codes unless otherwise noted.  Discounts, special promotions and coupons are not applicable in the brick and mortar store unless otherwise noted during promotion.
  6. CANCELLATIONS.  All orders placed through the Website may be cancelled at any time prior to the order being processed.  Once the order has been processed, the order cannot be cancelled.  Please refer to the Return & Refund Policy for details on how to return or exchange the products. 
  7. PAYMENT; TAXES.  Politix accepts Visa, Mastercard, Discover and American Express credit cards. Sales tax may be applicable on orders shipped to addresses in certain states, counties and cities.  Cities within each of these states also may levy an additional sales tax. These taxes will be automatically calculated and added to your order total during the check-out process.  You will receive details about applicable taxes and provided this information prior to completing your order.  For states that require sales tax on the full amount of orders, shipping and handling may be considered part of the product.  By law these charges must be included when sales tax is calculated.
  8. SHIPPING.  Politix processes orders Monday through Friday, excluding holidays. Orders received on weekdays after 12:00 p.m. (Pacific Standard Time), on weekends or holidays will begin processing the next business day. Shipping times also may vary due to the availability of merchandise.  Politix ships to U.S. customers only.  International shipping is not available at this time.  Shipping rates and details apply to all domestic packages and are shipped via UPS.  Politix offers different shipping options for delivery within the United States.  You will find details on shipping options and pricing during the check-out process and can select the shipping option prior to placing and completing your order. Please allow 1-2 business days after placing your order for processing.  At this time, Politix will not ship to P.O. boxes, APO addresses or U.S. territories.  You can track the progress and status of your shipped order via the UPS tracking number, which is provided in the shipping notification via email you will receive from Politix upon shipment of your order. 
  9. NO THIRD-PARTY SALES.  Any product or product sample that we may provide to you is for your personal use only.  You may not sell or resell any of the products or product samples that you receive.  We reserve the right to cancel, reduce or modify any orders placed with us at our sole discretion.
  10. TERMINATION.  We may terminate the Services at any time, with or without notice.  We also may terminate or suspend any and all Services and your access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use.  All provisions of these Terms of Use which by their nature should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.  
  11. MODIFICATIONS.  We reserve the right, at our sole discretion, to modify these Terms of Use at any time by posting a notice on the Website, or by sending you a notice via email or postal mail.  You are responsible for reviewing and becoming familiar with any such modifications.  Use of the Website or the Services by you following such modification constitutes your acceptance of the terms and conditions of these Terms of Use as modified.
  12. QUESTIONS; COMMENTS.  If you have any questions or comments about us, the Website or the Services, please send us an email at [email protected]  You should know that any email or Internet correspondence between us has the same effect as a written document under the law.
  13. MISCELLANEOUS.  (a) These Terms of Use constitute the entire agreement between the parties concerning the subject matter hereof, which may be modified only as set forth herein.  (b) The Website is controlled and operated by us from our offices within the State of California.  We assume no responsibility, and are not liable for any damages to, or viruses, worms and Trojan that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any Content or User Content from the Website.  We make no representation that materials in the Website are appropriate or available for use in other jurisdictions.  Those who choose to access the Website from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission, if and to the extent such laws are applicable.  (c) Except to the extent applicable law, if any, provides otherwise, these Terms of Use will be governed by the laws of the State of California without giving effect to its choice of law rules.  (d) You expressly agree that jurisdiction for any claim or dispute relating to or arising out of these Terms of Use, or your access or use of the Website or the Services, resides exclusively in the state and federal courts in Los Angeles County, California, and expressly consent to the personal jurisdiction thereof.  (e) If any provision in these Terms of Use should be held illegal or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and other provisions of these Terms of Use will remain in full force and effect, or we may at our option instead terminate these Terms of Use.  (f) A waiver by either party of any term or condition of these Terms of Use or any breach hereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  (g) You may not assign or otherwise transfer by operation of law or otherwise these Terms of Use or any rights or obligations herein.  We may assign these Terms of Use to any entity at our sole discretion.  (h) These Terms of Use will be binding upon and will inure to the benefit of the parties, their heirs, executors, administrators, successors and permitted assigns.  (i) No delay or failure to take action under these Terms of Use will constitute any waiver by us of any provision hereof.  (j) Nothing in these Terms of Use waives or limits extra-contractual rights or remedies available to us to protect our rights or property, including, but not limited to, those available under U.S. copyright law, international treaties or copyright or intellectual property laws of the countries in which the Website or Services are used.

* * *

Copyright and Intellectual Property Policy

 

Whispering Kite LLC, the owner of Politix Studio, has adopted the following policy regarding copyright infringement and violations of other intellectual property (“IP”) in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/pl105-304.pdf), also known as DMCA, and other applicable laws.  Our contact information for receiving a notification of claimed infringement is listed at the end of this policy.

 

It is our policy to (1) block access to or remove work, content or material (“material”) that we believe in good faith to be copyrighted or otherwise protected material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, or users; and (2) remove and discontinue service to repeat offenders.


 

  • Procedure for Reporting Copyright Infringements and Other IP Violations:

 

If you believe that material residing on or accessible through the Website or the Services infringes a copyright or otherwise violates any IP right, please send a notice of copyright infringement or IP violation containing the following information:

 

  1. A physical or electronic signature of the owner of the copyright or IP that allegedly has been infringed or of a person authorized to act on behalf of the owner;

 

  1. Identification of the material that you claim to be infringed;

 

  1. Identification of the material that you claim to be infringing, including information regarding the location of the infringing material that you seek to have removed (with sufficient detail so that we are capable of finding and verifying its existence); 

 

  1. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address;

 

  1. Information reasonably sufficient to permit us to notify the owner/administrator of the allegedly infringing material, such as name, address, telephone number, and email address;

 

  1. A statement by you that you have a good faith belief that the material is not authorized by the copyright or IP owner, his, her or its agent, or the law; and

 

  1. A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright or IP owner or are authorized to make the complaint on behalf of the copyright or IP owner.

 

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing a copyright or IP right.  If you are not sure whether the material available online infringes a copyright or IP right, we suggest that you first contract an attorney.


 

  • Our Response:

 

Once we receive proper bona fide notification of infringement, it is our policy:

 

  1. to remove or disable access to the infringing material;

 

  1. to notify the content provider or user that we have removed or disabled access to the material; and

 

  1. that repeat offenders will have the infringing material removed from the system and that we will terminate their access to the Website or Services.


 

  • Procedure to Supply a Counter-Notice to Us:

 

If the content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or believes that it has the right to post and use that material from the copyright or IP owner, his, her or its agent, or pursuant to the law, the content provider or user must send us a counter-notice containing the information listed below:

 

  1. A physical or electronic signature of the content provider or user; 

 

  1. 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 disabled;

 

  1. A statement, made under penalty of perjury, that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; 

 

  1. The content provider’s or user’s name, address, telephone number, and email address; and 

 

  1. A statement that the content provider or user consents to the jurisdiction of the federal district court for the judicial district in which the content provider or user is located, or if that address is located outside of the United States, for any judicial district in which Politix is located, and that the content provider or user will accept service of process from the person who provided notification of the alleged infringement or that person’s agent.

 

If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling access to it in ten (10) business days.  Unless the copyright or IP owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our discretion.

 

Please note that the content provider or user will be liable for damages (including costs and attorneys’ fees) if he, she or it materially misrepresents that material is not infringing the copyright or IP right of others.  If you are not sure whether certain material infringes the copyright or IP right of others, we suggest that you first contact an attorney.



* * *

Please contact us with the above information at the following address:

Politix Studio

Whispering Kite LLC

8500 Beverly Boulevard, Suite 607

Los Angeles, CA 90048

Phone: (310) 659-1964

Email: [email protected]

 

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