Last updated:  August 8, 2018

Atypon Systems, LLC and its subsidiary and affiliate companies (collectively, ”Atypon,” “we,” “us,” or “our”) recognize the importance of protecting the personal information collected from users in the operation of our services and taking reasonable steps to maintain the security, integrity and privacy of any information in accordance with this Privacy Policy. By submitting your information to Atypon you consent to the practices described in this policy. If you are less than 18 years of age, then you must first seek the consent of your parent or guardian prior to submitting any personal information.

This Privacy Policy describes how Atypon collects and uses the personal information you provide to Atypon. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

• How we collect information
• Information you provide
• Information we receive from other sources
• Use of your information
• Disclosure and sharing of your information
• Cross-border transfers
• Security
• Disclosure in chat rooms or forums
• Cookies
• Your rights
• Third parties
• Changes to this privacy policy
• Recourse

How We Collect Information

Atypon may collect personal information from you in the following ways: (1) directly from your verbal or written input (such as by consenting to receiving marketing emails); (2) automatically through Atypon’s website technologies including tracking online, such as by Web cookies (which are small text files created by websites that are stored on your computer), by smart devices, by combining data sets, by collecting data from a browser or device for use on a different computer or device, or by using algorithms to analyze a variety of data such as records of purchases, online behavioral data, or location data; or (3) by closed-circuit television (if visiting our premises).

Information You Provide

The types of personal information that Atypon collects directly from you may include:

• Contact details, such as your name, email address, postal address, and telephone number;
• Internet Protocol (“IP”) addresses used to connect your computer to the Internet;
• Educational and professional interests;
• Tracking codes such as cookies;
• Usernames and passwords;
• Payment information, such as a credit or debit card number;
• Comments, feedback, posts, and other content you provide to Atypon (including through an Atypon website);
• Communication preferences;
• Purchase and search history;
• The physical location of your device in order to provide you with more relevant content for your location;
• Information about your personal preferences, hobbies, and interests; and
• Communications with other users of Atypon’s services.

In order to access certain content and to make use of additional functionality and features of Atypon’s websites and services, we may ask you to register for an account by completing and submitting a registration form, which may request additional information.

If you choose to register and sign in by using a third-party account (such as your Facebook account), the authentication of your login is handled by the third party, and any personal information collected during that third-party login is not covered by this policy. Atypon will collect your name, email address, and any other information about your third-party account that you agree to share with us at the time you give permission for your Atypon account to be linked to your third-party account.

Information we receive from other sources

Atypon may receive information about you if you use any of the websites we operate or the other services we provide. We also work closely with third parties (including, for example, business partners and subcontractors in technical, payment and delivery services, advertising networks, analytics providers, academic institutions, search information providers, and credit reference agencies) from which Atypon may receive information about you.

Use of your information

Atypon may use your personal information in the performance of any contract we enter into with you, to comply with legal obligations, or where Atypon has a legitimate business interest in using your information to enhance the services and products we provide. Legitimate business purposes include but are not limited to one or all of the following: providing direct marketing and assessing the effectiveness of promotions and advertising; modifying, improving, or personalizing our services, products, and communications; detecting fraud; investigating suspicious activity and otherwise keeping our site safe and secure; and conducting data analytics.

In addition, we may use your information in the following ways (after obtaining your consent, if required):

• To provide you with information about products and services that you request from us;
• To send you periodic catalogues from Atypon;
• To provide you with information about other products, events, and services we offer that are either (i) similar to those you have already purchased or inquired about, or (ii) entirely new products, events, and services;
• For internal business and research purposes to help enhance, evaluate, develop, and create Atypon websites (including usage statistics such as “page views” on Atypon’s websites and the products therein), products, and services;
• To notify you about changes or updates to our websites, products, or services;
• To administer our services and for internal operations, including troubleshooting, data analysis, testing, statistical, and survey purposes;
• To allow you to participate in interactive features of our service; and
• For any other purpose that we may notify you of from time to time.

Personal information will not be kept longer than is necessary for the purpose for which it was collected. This means that, unless information must be retained for legal or archival purposes, personal information will be securely destroyed, put beyond use or erased from Atypon’s systems when it is no longer required or, where applicable, following a request from you to destroy or erase your personal information.

Disclosure and sharing of your information

Atypon will not disclose to or share your personal information with any unaffiliated third party except as follows:

• Where necessary in connection with services provided by third parties (i) that provide us with a wide range of office, administrative, information technology, production, payment, or business management services, and (ii) that are required to comply with this policy;
• Where you voluntarily provide information in response to an advertisement from a third party;
• Where your consent has been provided with a third party such as an academic institution, school, employer, business, or other entity that has provided you with access to a product or service through an integration or access code, information may be shared regarding your engagement with the service or product, results of assessments taken, and other information you input into the product or service;
• Where Atypon is required to disclose personal information in response to lawful requests by public authorities and government agencies, including to meet national security or law enforcement requirements; to comply with a subpoena or other legal process; when we believe in good faith that disclosure is necessary to protect our rights, to enforce our Terms of Service, or to protect the rights, property, or safety of our services, users, or others; and to investigate fraud; and
• Where all or substantially all of the business or assets of Atypon relating to our services are sold, assigned, or transferred to another entity.

If necessary in connection with providing publishing services on behalf of third parties, such as institutions and societies, Atypon may disclose navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics information that does not reveal your identity or personal information.

Cross-border transfers

Atypon may transfer your personal information outside of your country of residence for the following reasons:

• In order to process your transactions, we may store your personal information on our servers, and those servers may reside outside the country where you live. Atypon has servers and major office locations in several countries, as listed at https://www.atypon.com/contact/. Atypon also has service providers located in the US amongst other countries. Such processing may include, among other things, the fulfillment of your order, the processing of your payment details, and the provision of support services.
• In order to satisfy global reporting requirements, Atypon may be required to provide your personal information to Atypon affiliates, subsidiaries, or its parent company in other countries.

By submitting your personal information, you agree to this transfer, storing, or processing of your information. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy and all applicable data protection laws.

Security

We will use appropriate physical, technical, and administrative safeguards to protect your data. Access to your personal data will be restricted to only those who require that information to perform their job function. In addition, we train our employees about the importance of maintaining the confidentiality and security of your information.

Disclosure in chat rooms or forums

You should be aware that identifiable personal information—such as your name or email address—that you voluntarily disclose and that is accessible to other users (e.g., on social media, forums, bulletin boards, or in chat areas) could be collected and disclosed by others. Atypon cannot take any responsibility for such collection and disclosure.

Cookies

As is true of most websites, we gather certain information automatically. This information may include IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

Atypon and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or services.

For more information on cookies, please click here.

Your rights

You have the right to make a written request to be informed whether or not we hold or process any of your personal information (by emailing info@atypon.com). In your written request, you may:

• Request that we provide you with details of your personal information that we process, the purpose for which it is processed, the recipients of such information, the existence of any automated decision-making involving your personal information, and what transfer safeguards we have in place;
• Request that we rectify any errors in your personal information;
• Request that we delete your personal information if our continued processing of such information is not justified;
• Request that we transfer your personal information to a third party;
• Object to automated decision-making and profiling based on legitimate interests or the performance of a task in the public interest (in which event the processing will cease except where there are compelling legitimate grounds, such as when the processing is necessary for the performance of a contract between us);
• Object to direct marketing from us; and
• Object to processing for purposes of scientific, historical research, and statistics.

Where applicable under your local laws, we will not use your personal information for marketing purposes, nor disclose your information to any third parties, unless we have your prior consent, which we will seek before collecting your personal information. You can exercise your right to prevent such processing by checking certain boxes on the consent forms we use when collecting your personal information. If at any point you wish to review or change your preferences you can use the “opt-out” or unsubscribe mechanism or other means provided within the communications that you receive from us or by sending an email to info@atypon.com. Note that you may still receive transactional communications from Atypon.

Third parties

Atypon’s websites or services may include links to third-party websites. In using such links, please be aware that each third-party website is subject to its own privacy and data protection policies and is not covered by our Privacy Policy. In addition, we may allow third-party companies to serve ads and/or collect certain anonymous information when you visit our websites. These companies may be placing and reading cookies in the cookie file of the browser on your computer’s hard disk or using web beacons or other technologies to collect information in the course of ads being served on this website. These companies may use information other than personal information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to these and other websites in order to provide advertisements about goods and services likely to be of greater interest to you.

Changes to this privacy policy

Please note that Atypon’s Privacy Policy is reviewed periodically. Atypon reserves the right to modify its Privacy Policy at any time without notice. Any changes to the Privacy Policy will be posted on this page and will become effective on the date of posting. We encourage you to periodically review this page for the latest information on our privacy practices.

Recourse

Any comments, complaints, or questions concerning this policy or complaints or objections about our use of your personal information should be addressed by directing your comments to Atypon’s Data Protection Officers, by contacting info@atypon.com.

In relation to personal data processed within the US, Atypon has in place EU Model Clauses between entities within its group of companies that receive and process personal information from countries within the European Economic Area and has further committed to refer unresolved privacy complaints to an independent dispute resolution mechanism, the ICDR/AAA. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Atypon, please use the following processes, which are made available by Atypon at no cost to you.

The dispute may be filed online utilizing the AAA WebFile® at https://www.icdr.org. The filing party (“claimant”) submits via AAA WebFile a Demand for Arbitration and copies of any supporting documents the claimant wishes to enter into evidence. The filing party may also file a case by mail or fax. The appropriate form(s) must be completed and forwarded to International Centre for Dispute Resolution Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, United States. The phone number is (856) 435-6401. The toll-free number in the US and Canada is (877) 495-4185. The toll-free fax number within the US and Canada is (877) 304-8457, and outside the US is (212) 484-4178. The email address is casefiling@adr.org. The filing party must make sure to note that the receiving party (“respondent”) is Atypon’s parent company, John Wiley & Sons, Inc., irrespective of filing method.

Security & Acceptable Use

At RedLink, we are committed to security of our applications and our websites, www.redlink.com and redlink-network.org (the “Sites”) (together, the “Services”). Throughout our legal statements, those who have purchased or signed-up for RedLink services (the “Services”) are called “Subscribers” and their customers are called “Customers.” Visitors to our website who are neither Subscribers or Customers are “Visitors.”

RedLink offers data and business intelligence services to libraries and publishers. We are proud of the trust that our Subscribers and their Customers place in us.

 

Security

RedLink employs industry-standard security and encryption technologies concerning the Sites and Services. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. We take the following steps to maintain the highest level of security:

• Secure web encryption (256-bit SSL). Your transmitted data is kept safe through one of the highest encryption standard available: 265-bit SSL. This is the same technology banks and financial institutions use to keep your account information safe. All account information you provide, including passwords and personal details, is protected using this technological standard.
• Storage and firewalls. We use industry-standard data storage and firewall technologies to ensure that your information is always backed up in a secure location. Our system also stores backups in multiple secure locations to ensure availability in case of local disruptions.
• Secure data centers. Our data centers maintain several layers of security to control access, including biometric scanning, keycard, retina scan, and PIN restrictions. Security cameras monitor all locations 24/7, and onsite staff protect against unauthorized entry. In each facility, our equipment is also kept in locked containers, with additional security safeguards in place to ensure only permitted technicians gain access.
• Two-step authentication. You have the option to add an extra layer of security to your account with two-step authentication. Once activated, we will send a code to your phone that you’ll need to verify when you login.
• Continuous monitoring. Our self-healing and self-alerting services means that our team reviews any questionable transactions against benchmarked performance and service behavior standards.

 

Acceptable Use

We trust our Subscribers, Customers, and Visitors to use our Services responsibly. To this end, you agree not to misuse RedLink Services.

For example, you must not, and must not attempt to, use the RedLink Services to do the following things:

• probe, scan, or test the vulnerability of any system or network;

• breach or otherwise circumvent any security or authentication measures;

• access, tamper with, or use non-public areas of the services, shared areas of the services you have not been invited to, or RedLink’s (or our service providers’) computer systems;

• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

• plant malware or otherwise attempt to use the Service to distribute malware;

• access or search the services by any means other than our publicly supported interfaces (for example, “scraping”);

• use the services to attempt to send unsolicited communications, promotions or advertisements, or spam;

• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;

• publish anything that is fraudulent, misleading, or infringes another’s rights;

• impersonate or misrepresent your affiliation with any person or entity;

• violate the law in any way, or to violate the privacy of others, or to defame others.

RedLink reserves the right to remove any content on the Sites or Services that it determines, in its own discretion, violates this Acceptable Use Policy.  We may also remove content as described in the RedLink Terms of Services, under “Notices of Copyright Infringement.”

Last updated March 2017

Terms of Service

Thank you for using RedLink. These terms of service (the “Terms”) govern each Subscriber’s and Customer’s (“you” or “your”) access to and use of RedLink (“we” or “our” or “us”) websites and services (the “Services”), so please carefully read them before using the Services. The various types of Services available to you are described on our website at www.redlink.com and redlink-network.org.

Throughout our legal statements, those who have purchased or signed-up for RedLink Services are called “Subscribers” and their customers are called “Customers.” Visitors to our website who are neither Subscribers or Customers are “Visitors.” The Terms shall be deemed to include other terms and policies referenced herein (such as our Security and Acceptable Use Policy and our Privacy Policy) as well as any written agreements between the parties, such as a Sales Order or Statement of Work.

 

Your Agreement

By using the Services you agree to be bound by these Terms. In addition, you acknowledge and represent that, if you are agreeing to these Terms to enable use of the Services by an organization, you have the appropriate authority to enter into an agreement on behalf of your organization.  You may use the Services only if you have the power to form a contract with us under the policy and procedures of your organization and applicable laws.

 

Use of the Services

If a properly authorized representative accepts these Terms of behalf of an organization, anyone in the organization may use the Services, including employees and consultants. The organization takes full responsibility for any use of the Services through its account. You must take steps to prevent unauthorized use of the Services and terminate such use, including use by individuals outside of your organization or by any user under the age of 13. You also agree not to copy, distribute or disclose any part of the Services, and represent that you will not use or attempt to use any automated or non-automated “scraping,” including use of any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Services. Except to the extent expressly permitted in these Terms or in another written agreement entered into by you and us, Subscribers shall not license, sublicense, assign, transfer, sell, distribute, share, resell, lease, modify, copy, frame, or mirror the Services or any content available on the Services.

You must promptly notify us of any unauthorized use of, or access to, the Services.

In order to use the Services, it will be necessary for you to transmit certain data (“Subscriber Data”) from your computer systems to our computer systems. Depending upon the specific Services you request, the Subscriber Data may include usage, sales, financial, and other information. We will assist you in the transmission of your Subscriber Data. Depending upon the complexity of this copying exercise, we may charge a fee for our assistance. We will inform you of the fee and obtain your written consent before undertaking any paid-for data gathering services. If Subscriber Data is hosted by a third party (a “Provider”), it may be necessary to obtain the cooperation of such Provider to have the data transmitted to us. It is the Subscriber’s responsibility to make the necessary arrangements with the Provider and pay associated fees, if any. It is possible that we have a relationship with the Provider such that no fees would be due. We will work with the Provider to facilitate the transmittal of a Subscriber’s Data to us.

Subscriber Data does not include Subscriber’s website usage information that may be shared with us for purposes of certain product offerings and improvements and does not include User Content, as defined below.

Subscriber Data and Marketing Information

These Terms do not grant us any rights to Subscriber Data except for the limited rights that are needed to operate the Services. How we collect and use Subscriber information generally is also explained in our Privacy Policy, published separately on our website. By using the Services, Subscribers consent to the transfer, processing, and storage of Subscriber Data by us.

Subscribers grant us a limited, royalty-free, worldwide, irrevocable, perpetual license to use, reformat, repurpose and aggregate Subscriber Data with comparable data from other Subscribers to the Services for purposes of creating performance metrics.

Subscribers do not authorize us and we will not present or allow access to your Subscriber Data in any manner that permits another Subscriber, Customer, Provider, or Visitor of the Services to associate such data with you, your organization, or any particular individual. Subscribers authorize us to only share Subscriber Data in aggregated and anonymized form with other Subscribers of the Services that have contributed similar data under these or comparable terms.

Marketing Information. Subscribers grant us permission to include the Subscriber’s organizational name in a list of our Subscribers on our website for as long as the Subscriber is using the Services.

 

User Content

Some of the Services may allow Subscribers or Customers to post content, submit reviews, raise questions, make comments, create a profile, and provide other content (“User Content”).  You agree to not submit User Content that (a) creates a risk of harm, loss, physical or mental injury, death or other loss to any person; (b) constitutes a crime or tort or otherwise violates applicable laws and regulations; or (c) contains information that you do not have a legal or contractual right to make available.  To the extent you provide any User Content through the Services, you represent that you have the rights and necessary authority to do so. RedLink may also remove User Content at its discretion and as described below under “Notices of Copyright Infringement.”

Subscribers and Customers retain full ownership of their own User Content, as applicable, and RedLink is granted a limited, royalty-free, worldwide, irrevocable, perpetual, transferable, sublicensable, non-exclusive, worldwide license to such User Content.  RedLink’s rights include without limitation the right to use, reproduce, modify, publish, edit, translate, distribute, syndicate, and make derivative works of all such User Content.

 

Subscriber Responsibilities

You must adhere to our Acceptable Use standards published separately on our websites. Among other things, these standards prohibit you from uploading malicious code or violating applicable laws.

Subscribers must ensure that they are legally able to collect and/or share Subscriber Data, User Content, along with any other information needed for the Services, with us and allow us to process that information. It is Subscriber’s responsibility to make any necessary disclosures, including in Subscriber’s own terms or privacy policy, if applicable.  In this regard, you shall defend, indemnify, and hold us harmless against any claim or loss arising in connection with a claim arising from our use of your Subscriber Data, including that your Subscriber Data and/or any materials provided to us by you necessary to perform the Services, infringe the intellectual property rights of a third party, violate a privacy right or otherwise harm a third party.

Subscribers and/or Customers have sole responsibility for the accuracy, quality, integrity, legality, reliability, content, and appropriateness of all of their Subscriber Data or User Content. We will not be liable for any loss or corruption of Subscriber Data or User Content, or for any costs or expenses associated with backing up or restoring any of your information. You must make copies of all data or information that you transmit to us.

It is your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

If one of your users violates these Terms or uses the Services in a manner that we reasonably believe will cause us harm or liability, we may ask you to suspend or terminate the user’s account. If you do not promptly suspend or terminate the user, we may do so.

 

Our Responsibilities

We represent and warrant the following:
(a) We will deliver the Services to you in a professional and workmanlike manner;
(b) We will use commercially reasonable efforts to prevent unauthorized access to, or use of, your Subscriber Data, and will notify you promptly if any such unauthorized access or use occurs;
(c) We will use commercially reasonable efforts to make the Services generally available, except for (i) planned downtime (for which we shall attempt to give at least five business days’ notice); or (ii) any unavailability caused by circumstances beyond our reasonable control.

 

RedLink Property and Feedback

Subject to the limited rights expressly granted hereunder, we reserve all rights, title, and interest in and to the Services, including all related intellectual property rights. No rights are granted hereunder other than as expressly set forth herein. These Terms do not grant any rights to use the RedLink trademarks, logos, domain names, or other brand features without our separate, written permission.

While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments or suggestions you send us or post in our forums without any obligation to you.

 

Confidentiality

As used herein, “Confidential Information” means all information disclosed by either you or us (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include your Subscriber Data; our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Sales Orders and Statements of Work, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, (iv) was independently developed by the Receiving Party, or (v) is User Content.

The Receiving Party shall (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, including any related Sales Order and Statements of Work, and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party shall disclose the terms of this Agreement, Sales Orders or Statements of Work to any third party other than its Affiliates and their legal counsel and accountants without the other party’s prior written consent.

The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

 

Subscriptions; Fees & Payment

Information for the various Services offered by us are set forth on our websites. For chargeable Services, Subscribers must pay all applicable fees, which are non-refundable subject to Subscriber’s right to request a refund during the first 30 days of the Services, when applicable. Subscribers are responsible for providing us with complete and accurate billing and contact information. We may suspend or terminate the Services if fees are 30 days past due.

The Services may change over time as we refine and add more features. If your contact information or other information related to your account changes, you must notify us promptly and keep your information current.

WE WILL RENEW SUBSCRIBER ACCOUNTS AUTOMATICALLY EACH YEAR AND WILL CHARGE FOR THE RENEWAL UNLESS YOU NOTIFY US THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION IN ADVANCE. We may revise Subscription Rates to the Services by providing you at least 30 days’ notice prior to the change.

You are responsible for all taxes. We will charge taxes when required to do so.

 

Termination

Although we would much rather you stay, you can stop using our Services any time. We reserve the right to suspend, reject or remove User Content, modify or end the Services at any time, upon reasonable cause as determined by us in our sole discretion. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

 

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. Please check our blog or terms pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

 

Disputes

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and RedLink agree to the following dispute resolution procedure:

In the event of any controversy, claim, action or dispute arising out of or related to the Services, and/or the breach, enforcement, interpretation, or validity of these Terms (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to RedLink at: 57 East Main Street, Suite 211, Westborough, MA  01581; or (2) to you at your last-used billing address.

Both you and RedLink agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any legal claim against the other party, whether by filing a lawsuit, complaint, or arbitration demand against the other party.

These Terms, the use of the Services, and any resulting disputes will be governed by Massachusetts law except for its conflicts of law principles. Venue for all claims arising out of or relating to these Terms or the Services shall lie exclusively in the federal or state courts located in Massachusetts, and both parties consent to personal jurisdiction in such courts.

 

Notices of Claimed Copyright Infringement

We respect the intellectual property rights of others, and require that the people who use the Services do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. Accordingly, Subscribers or their Customers may not store any User Content or other material on, or disseminate any such information through, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information (or any statement in conformance with the DMCA) to our Copyright Agent, whose contact information is provided below:

1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
4. A statement by you that you have a goodfaith belief that the disputed use is not authorized by the copyright owner or its agent or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
6. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent: Kent R. Anderson
Attention: RedLink LLC
Address: 52 East Main Street, Suite 211, Westborough, MA  01581
Phone: 508-366-5653
Fax: 1-508-986-7172
Email: dmca@redlink.com

 

Miscellaneous

These Terms (including policies and procedures referenced herein and any related written agreements) constitute the entire and exclusive agreement between you and us with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. No modification, amendment, or waiver of any provision of these Terms shall be effective unless mutually agreed to in writing. No provisions stated in your purchase order or in any other order documentation (excluding RedLink Sales Orders and Statements of Work) shall be incorporated into or form any part of these Terms, and all such provisions shall be null and void. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision of these Terms is found unenforceable the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms or the Services, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. We and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Last Modified: March 2017