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Go premiumMy accountAbout usTerms of service Contact
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This is an about text that can be modified in the admin panel
Your use of and access to our services, software, website(s) (located at
intercopy.org (including browser extensions)), and/or applications (“Services”)
are governed by these Terms of service (“Terms”). The Services may be provided
to you online, in the form of a mobile, desktop application(s) and may be
integrated in a third-party service.
The Services allow you to upload, submit, store, share, receive, collect,
capture, and visualize of your content including copyright protected projects,
ideas, designs, texts, graphics, videos, data, information, files, presentation
decks or other content, including permitted and authorized third party content
used by you (“Content”). You retain all rights in- and responsibility and
liability for all Content. The Organization does not claim ownership of your
Content.
The Services are provided to you as the user of the Services by InterCopy LLC
(“InterCopy”, “We, “us”, or “our”), with its main correspondence address at 1968
S. Coast Hwy, #Laguna Beach CA 92651, USA.
BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THESE TERMS BY CLICKING
ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING
THE WEBSITE OR DOWNLOADING MOBILE AND/OR DESKTOP APPLICATION(S), YOU REPRESENT
THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (2)
YOU ARE AT LEAST SIXTEEN (16) YEARS OLD; (3) YOU ARE NOT BARRED FROM USING THE
SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY
OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO
THESE TERMS PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF
OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION
PROCESS. IF THE INDIVIDUAL ENTERING INTO THESE TERMS IS DOING SO ON BEHALF OF AN
ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THESE TERMS WILL ALSO BE DEEMED TO
REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY
NOT ACCESS OR USE THE SERVICES.
FOR ALL OF OUR US USERS: UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS
DEFINED IN CLAUSE 17) WITHIN 30 DAYS IN ACCORDANCE WITH CLAUSE 17.10 (30-DAY
RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS
AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND
(2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A
COURT OF LAW AND TO HAVE A JURY TRIAL.
1. APPLICABILITY
1. You are only allowed to use the Services when aged 16 or older.
2. Please read our Privacy Policy regarding data handling.
3. If the Services include, are used in connection with, or are integrated in
the services of third parties, the terms and conditions, notice and take
down policies and/or privacy and cookie policies of those third parties may
apply in addition to these Terms. If you are using the Services on behalf of
your employer or another organization, you are agreeing to the terms of that
organization and you represent and warrant that you have the authority to do
so. InterCopy is not responsible for any third party services, terms and/or
policies.
4. If you want to file a complaint or notice about unlawful Content being
stored or shared via the Services or the InterCopy API, please contact us
through https://intercopy.org/contact.php
5. InterCopy can amend the Terms from time to time. The amended Terms will
become effective upon them being posted on InterCopy’s website(s) mobile
and/or desktop application(s), or at such later date as may be stated on the
amended Terms. Therefore, we recommend that you review the Terms from time
to time and take note of any changes. By continuing your use of the Services
you accept the amended Terms. In case of material changes to the Terms, you
will be informed prior to the change: (i) at the moment you use the
Services, or (ii) by a message to the contact details you provided to us, or
(iii) by a posting of the notice of the change on InterCopy’s website(s)
and/or on InterCopy’s mobile and/or desktop application(s).In the event you
do not accept any change in our Terms you may cancel your subscription.
Where a user has paid for a subscription package in advance you shall
receive a pro-rated refund for the remainder of your subscription package
from the date at which the rejected amended Terms come into effect.
6. These Terms supersede any and all prior oral and written quotations, terms,
communications, agreements and understandings between you and InterCopy.
2. EXTERNAL LINKS
Our website may link to federal agencies’ and other organizations’ websites when
there is a business reason to do so. The links are not endorsements of the
content of the websites, or of their policies or products.
The International Copyright Organization does not engage in reciprocal linking
arrangements. If you create a link to intercopy.org, you must do so in a manner
that does not imply any affiliation with or endorsement by the Organization for
your expertise or websites.
3. SECURITY
To maintain the security of our website, and to ensure that it remains available
to you, we use software programs to monitor network traffic. The programs
identify unauthorized attempts to upload or change information, deny service, or
otherwise cause damage or access non-public information. Unauthorized attempts
to upload or change information are strictly prohibited and may be punishable
under the United States criminal code (18 U.S.C. 1030). We may provide
information about possible violations of the law to law enforcement officials.
We reserve the right to block IP addresses that fail to honor our website’s
robot.txt files, or submit requests at a rate that negatively impacts service
delivery to patrons. Current guidelines recommend that software programs submit
a total of no more than 10 requests per minute to our applications, regardless
of the number of machines used to submit requests. We also reserve the right to
terminate programs that require more than 24 hours to complete.
4. USE OF INTELLECTUAL PROPERTY ON THE ORGANIZATIONS WEBSITE
You may not use the Organizations website in any manner that infringes the
intellectual property rights or other proprietary rights of any third party
including, without limitation, material protected by copyright, trademark,
patent, trade secret, or other intellectual property right used without proper
authorization. Infringement may result from, among other activities, the
unauthorized posting of text, pictures, logos, software, articles, musical
works, and videos.
To report an infringement please contact support@intercopy.org
5. INTERCOPY FILE SHARING
1. InterCopy File Sharing allows you to share your Content with others.
2. To share your Content you need to upload it and provide us with (a limited
number of) email addresses of recipient(s) (“email transfer”) or choose to
distribute a download link yourself (“link transfer”). If you use link
transfer you will not be informed of any downloads by others. InterCopy
reserves the right to limit downloads and/or attempted downloads by users
for all File Sharing activity. You warrant that you will not use email
transfers to send spam or otherwise unsolicited, unlawful or unwanted
Content to the recipients whose email addresses you provide to us.
3. InterCopy File Sharing provides the possibility to upload and share Content
up to a maximum total capacity of 5GB for free or larger total capacity for
a fee. Uploaded Content is stored on InterCopy’s servers for a seven day
period after which the ability to download expires.
4. After the expiry period InterCopy will permanently delete the uploaded
files. These files will not be available nor retrievable anymore.
5. The basic functionality of InterCopy Secure File Sharing is (currently) free
from registration and charge.
6. InterCopy treats Content as confidential and does not control the use of
download links, regardless of whether they are originally distributed by us
or by you. Recipients can forward the links and allow others to use them.
You are solely responsible for the Content you upload and share.
7. There are a number of paid subscription packages which - compared to the
free version - offer you a set of additional services and different
subscription terms. You can find more information here.
8. InterCopy reserves the right to permanently delete Content from your account
(including from Portals and Reviews) when you stop interacting with
InterCopy for a period of at least 12 consecutive months, when you delete
your Content from your account, when you cancel your InterCopy subscription
or when you delete your account. Full payment of applicable fees is
considered to be active use of your account.
6. PAYMENT CONDITIONS
1. If you use a paid subscription Service, the initial subscription term starts
once the fees due have been paid in full.
2. InterCopy uses PayPal, Inc. and its affiliates as its third-party service
providers for payment services (e.g., card acceptance, merchant settlement,
and related services) (each a “Third-Party Service Provider”). If you make a
purchase on the Services, you will be required to provide your payment
details and any additional information required to complete your order
directly to one of our Third-Party Service Providers. You agree to be bound
by Paypal’s User Agreement (currently accesible at
https://www.paypal.com/us/legalhub/useragreement-full?locale.x=en_US) and
Privacy Statament (currently accessible at
https://www.paypal.com/us/legalhub/privacy-full?locale.x=en_US ) and hereby
consent and authorize InterCopy and the relevant Third- Party Service
Provider to share any information and payment instructions you provide, to
the minimum extent required to complete your transactions. Please note that
online payment transactions may be subject to validation checks by our
Third-Party Service Providers and your card issuer, and we are not
responsible if your card issuer declines to authorize payment for any
reason. For your protection, our Third-Party Service Providers use various
fraud prevention protocols and industry standard verification systems to
reduce fraud and you authorize it to verify and authenticate your payment
information. Your card issuer may charge you an online handling fee or
processing fee. We are not responsible for this. In some jurisdictions, our
Third-Party Service Providers may use third parties under strict
confidentiality and data protection requirements for the purposes of payment
processing services.
3. You shall pay all fees or charges to your account in accordance with the
fees, charges and billing terms in effect at the time a fee is due and
payable. By providing InterCopy with your payment information, you agree
that InterCopy is authorized to immediately invoice your account for all
fees due and payable to InterCopy hereunder and that no additional notice or
consent is required. You shall immediately notify InterCopy of any change in
your payment information to maintain its completeness and accuracy. You
agree to have sufficient funds or credit available upon placement of any
order to ensure that the purchase price is collectible by us.
4. Your subscription will continue and automatically renew at the price
detailed at your time of check-out for such subscription until terminated in
accordance with these Terms. The frequency at which your subscription renews
(i.e., monthly, annually, etc.) will be designated at the time at which you
sign up for the subscription. By subscribing, you authorize InterCopy to
charge the payment method designated in your account now, and again at the
beginning of any subsequent subscription period. Upon renewal of your
subscription, if InterCopy does not receive payment, (i) you shall pay all
amounts due on your account upon demand and/or (ii) you agree that InterCopy
may either terminate, cancel or suspend your subscription and continue to
attempt to charge your designated payment method until payment is received
(upon receipt of payment, your account will be activated and for purposes of
automatic renewal, your new subscription commitment period will begin as of
the day payment was received). Termination, cancellation or suspension of
the Services for non-payment can result in a loss of access to and use of
your account and your Content.
5. We may introduce or change the fees for the Services from time to time, for
which we will give you advance notice. If you do not agree with the price
change, you may cancel your subscription in accordance with clauses 4.3 and
4.4 and stop using the Services by the end of the then-current Service term.
If you continue to use the Services after the price change goes into effect,
you agree to pay the changed price. Fee introductions will require your
prior consent and registration.
6. You can change your payment method in your account settings of the
respective Service or by contacting our Help Center.
7. If you subscribe and pay us through the Apple App Store or Google Play
Store, the terms of Apple or Google may also apply.
7. TERM AND CANCELLATION OF A SUBSCRIPTION
1. The initial subscription term varies depending on your choice and/or the
Service it applies to.
2. Apart from your cancellation rights under local mandatory consumer law, you
have the right to cancel your subscription during the first 14 days, unless
you start using the Service during this period whereby you waive your right
to cancel.
3. The subscription period will be renewed automatically for the selected
subscription period, unless you have cancelled your subscription on time
(before the last day of your subscription). If you do not wish your account
to renew automatically, or if you want to change or cancel your
subscription, you must contact InterCopy at support@InterCopy.org, or log in
and go to the “Cancel Subscription” section in your account area.
4. Upon cancellation you will continue to have access to the Services until the
end of your then current paid subscription period. For instance: if the
commencement date of your annual subscription is 3rd April and you cancel
your subscription on 10 January, you will continue to have access until the
end of day on the following 2nd April and your subscription will not
automatically renew. Where a cancellation occurs as a result of your breach
to our terms and conditions, you shall lose access to the Services
immediately. Cancellation does not give you any right to reimbursement of
(part of) the subscription fee, unless local mandatory consumer law obliges
us to do so.
8. CONTENT OWNERSHIP, PERMISSIONS AND RESPONSIBILITY
1. InterCopy does not claim any ownership of the Content you create, use, store
or share through the Services and you are solely responsible for it. Also,
you are solely responsible for sharing it with the correct recipients. Any
liability for damages relating to the Content lies with the individual that
creates, uses, stores and/or shares it within the Services. You acknowledge
that download and/or access links can be forwarded and that recipients
having access to such links, can access the Content it’s connected with.
2. Some of the Services allow you to protect Content or transfers with a
password. The user is solely responsible for the confidentiality and/or the
distribution of passwords.
3. By using the Services you warrant that you have, for any Content you create,
use, store or share using the Services, all required permissions (including
from copyright and other intellectual property rights owners) to distribute,
sub- license, transfer, store and/or make the Content online available as
part of the Services.
4. InterCopy is not liable to you or any third party for any damages arising
out of or in relation to the Content created, used, stored or shared by you
within the Services, including but not limited to, copyright protected works
and/or trademarks.
5. InterCopy requires a license from you with regards to the Content to enable
us to provide the Services to you. You hereby grant: (1) us an unlimited,
worldwide, royalty-free, sublicensable, and transferable license to (i) use,
host, store, scan, search, sort, index, create previews and (ii) reproduce,
communicate, publish, publicly display, distribute and edit and prepare
derivative works from (including but not limited to scaling, cropping,
adapting and translating) the Content in connection with our operating,
enabling, providing, making available, commercializing and improving the
Services and (2) other users the right to access and use your Content in
accordance with their use of the Service. The foregoing license may be
sublicensed by us to our service providers, partners, contractors and other
persons and entities providing services for us. Notwithstanding any term of
this provision, this license will survive any termination of these Terms and
any deletion of your account or your Content with respect to Content
archived in storage media (but otherwise rendered inaccessible to the
public).
6. 6. More information on the use of your personal data and cookies (including
for performance marketing) is available in our Privacy Policy
9. RESTRICTIONS
1. InterCopy respects your rights and expects that you respect those of others,
including InterCopy, its artists, advertisers and third parties. This
includes respecting the right to privacy, corporate intelligence, business
secrets and intellectual property rights, such as trademarks, copyrights,
trade names and logos. You agree not to use the Services to commit, promote,
enable or facilitate any unlawful or criminal acts or breach of these Terms
or facilitate or promote others to do so.
2. As a condition to make use of the Services you agree not to create, use,
store or share any Content that: • features CSAI (child sexual abuse
imagery); • is obscene, defamatory, libelous, slanderous, profane, indecent,
discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful; •
promotes racism, violence or hatred; • is factually inaccurate, false,
misleading, misrepresenting or deceptive; • you don’t hold the rights to; •
infringes, violates or misappropriates intellectual property rights, privacy
rights, including data protection rights, and/or any other kind of rights; •
infringes on or violates any applicable law or regulation; and/or •
constitutes ‘hate speech’, whether directed at an individual or a group, and
whether based upon the race, sex, creed, national origin, religious
affiliation, sexual orientation, language or another characteristic of such
individual or group.
3. In addition, you agree not to: • abuse, harass, stalk, intimidate, threaten,
commit violence, or otherwise act unlawful, or encourage anyone else to do
so; •use the Services with the purpose of or involving activities with, in,
or involving countries, regions, governments, persons, or entities that are
the target of U.S. or EU sanctions, unless such activities are expressly
authorized, whether by general or specific license or a license exception,
by the applicable governmental authority; • impersonate or falsely pretend
affiliation with any person or entity; access any non-public areas of the
Services; • access any non-public areas of the Services; • interfere with
any access or use restrictions; • use any data mining or data gathering or
extraction methods, or otherwise collect information about the users of the
Services; • send viruses, worms, malware, ransomware, junk email, spam,
chain letters, phishing emails, unsolicited messages, promotions or
advertisements of any kind and for any purpose; • interfere with, damage or
disrupt the Services or act in a way that may do so; • attempt to probe,
scan, compromise or test the vulnerability of the Services or any related
service, system or network or breach any security or authentication, unless
you do so in accordance with our Responsible Disclosure Policy; • use
automated means to access or use the Services without our permission; •
reverse engineer or decompile any (part) of the Services; • resell,
sublicence, rent, lease, offer or otherwise commercialize the Services
without our permission; and/or • allow others to use your account.
4. By using the Services, you represent and certify that you are not the target
of any economic sanctions administered by the U.S. Government, the European
Union, or other governmental authority (collectively, “Governmental
Authority”), including designation on a list of prohibited or restricted
parties maintained by such governmental authorities.
5. InterCopy may use human and automated means to detect or receive reports of
suspected violations of these terms, the Content Moderation Policy, and
applicable law and regulations.
10. VIOLATIONS
In the event of any suspected violation of these terms InterCopy reserves the
right to investigate. While InterCopy investigates, it may temporarily block
Content, review the Content or suspend (your) access to the Services or certain
features of the Services. Subsequently, based on the results, InterCopy may
decide to temporarily or permanently terminate your account or your access to
(certain) features of the Services. In any such event, InterCopy may also (be
obligated to) provide your Content or information to third parties.
11. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights and/or similar rights on the Services
(including the software, photography, graphic design, typography, portraits,
logos, trademarks, trade names, domain names, copyrights and patents) are
vested in InterCopy and/or its licensors and you are not allowed to use,
remove, modify, copy, mirror, distribute, decompile, or reverse engineer any
of it in any way.
2. You will always respect and observe the good name and reputation of
InterCopy and ensure that your use of the Services will in no way prejudice
any rights and/or the good name and reputation of InterCopy and its
licensors.
12. DISCLAIMER, TERMINATION AND ACCOUNT REGISTRATION
1. InterCopy provides the Services “AS-IS”, without any warranty of any kind.
Without limiting the foregoing, InterCopy explicitly disclaims any
warranties of merchantability, fitness for a particular purpose and
non-infringement. InterCopy makes no warranty that the Services are
available on an uninterrupted, secure or error-free basis. Your use of the
Services is at your own risk. You acknowledge and agree that InterCopy is
not responsible for any damages to the computer system or mobile device of
you or any third party that result from the use of the Services and is not
responsible for any failure of the Services to store, transfer or delete a
file or for the corruption or loss of any data, information or Content
contained in a file.
2. WITHOUT PREJUDICE TO THESE TERMS, INTERCOPY IS NOT LIABLE FOR AND HEREBY
EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY
DAMAGE OR PERSONAL INJURY RESULTING FROM ANY USE OF INTERCOPY PAID TRANSFER,
INCLUDING ANY (TEMPORARY) UNAVAILABILITY OR (ACCIDENTAL) REMOVAL OF YOUR
CONTENT OR ACCOUNT, WRONGFULLY DELIVERY OF YOUR CONTENT.
3. To the extent permissible under local mandatory law, InterCopy may change,
terminate or expand its Services and site from time to time and reserves the
right to limit access to or eliminate any features or functionality of the
Services in its own discretion, without giving prior notice. We will use
reasonable efforts to give you notice of any major changes in our Services
including cancellation, upgrades, downgrades and where applicable, prorated
refunds of subscription packages.
4. Some of the Services require you to register and provide us with data such
as your email address, password and/or payment details. You must ensure that
these are accurate and keep them updated in your account settings. You are
responsible for any activity from or by your account, so you should not
share your password and you should protect it carefully. Should
registrations or account data appear to be misused, InterCopy reserves the
right to delete the account. InterCopy is not liable for any loss or damage
arising from the unauthorized use of your account.
5. Notwithstanding the foregoing, it is InterCopy’s policy to terminate
membership privileges of any user who repeatedly infringes copyright,
trademark, or other intellectual property rights upon prompt notification to
InterCopy by the respective intellectual property owner or their legal
agent. Without limiting the foregoing, if you believe that your work has
been copied and posted on the Service in a way that constitutes intellectual
property rights infringement, please provide our legal department with the
following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright, trademark, or
other intellectual property right; (ii) a description of the copyrighted
work, trademark, or other intellectual property right that you claim has
been infringed; (iii) a description of the location on the Service of the
material that you claim is infringing; (iv) your address, telephone number,
and email address; (v) a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright, trademark,
or other intellectual property right owner, its agent or the law; and (vi) a
statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright, trademark, or
other intellectual property right owner or authorized to act on the
copyright, trademark, or other intellectual property right owner’s behalf.
Contact information for InterCopy’s designated legal department is as
follows: legal@InterCopy.org
13. INDEMNITY AND LIABILITY
1. You will defend, indemnify and hold harmless InterCopy (including its
employees and affiliates) from and against any claims, incidents,
liabilities, procedures, damages, losses and expenses (including legal and
accounting fees), arising out of or in any way connected with your access to
or use of the Services or your breach of these Terms, including any third
party claims that Content created, used, stored or shared using the Services
by you or through your account, infringe or violate any third party rights.
2. The Services may provide integration with third-party services. You
acknowledge that: (i) InterCopy is not responsible for any acts or
omissions, terms and/or policies of such third-party services; (ii) that
InterCopy is not an agent of such third-party services; and (iii) your use
of those services is subject to any applicable terms and conditions between
you and the providers of such services.
3. To the extent permissible under local mandatory law, InterCopy is not liable
for any damage or personal injury resulting from any use of the Services,
including any (temporary) unavailability or (accidental) removal of your
Content or account. The limitation of liability referred to in this clause
shall not apply if the liability for damage caused by intent or gross
negligence on the part of InterCopy. In the event InterCopy is liable for
damage under mandatory law, InterCopy’s aggregate liability to you - to the
extent permissible under local mandatory law - for any and all claims
arising out of or in connection with the use of the Services will in no
event exceed the greater amount of (i) one hundred dollars ($100) per
incident or (ii) the fees paid by you in the month of the occurrence giving
rise to the liability.
14. WAIVER, SEVERABILITY & ASSIGNMENT
1. InterCopy’s failure to enforce a provision is not a waiver of its right to
do so later.
2. If any (part of a) provision of these Terms is found to be illegal,
unenforceable or otherwise invalid, then (i) the rest of the Terms will
remain in full force and effect to the extent permissible under or
consistent with the relevant laws; and (ii) that part will be deemed to be
deleted and substituted by a valid one which in its economic effect comes
closest to the invalid part.
3. You may not assign any of your rights or obligations under these Terms.
InterCopy is at any time entitled to assign its rights and obligations under
these Terms to any of its affiliates or subsidiaries, or to any successor or
assign (whether direct or indirect, by purchase, merger, consolidation or
otherwise)without your consent or any other restriction.
15. ARBITRATION AGREEMENT
1. Applicability of Arbitration Agreement. This applies to US residential
users only. Subject to the terms of this Arbitration Agreement, you and
InterCopy agree that any dispute, claim, disagreements arising out of or
relating in any way to your access to or use of the Services, any
communications you receive, or the Terms and prior versions of the Terms,
including claims and disputes that arose between us before the effective
date of these Terms (each, a “Dispute”) will be resolved by binding
arbitration, rather than in court, except that: (i) you and InterCopy may
assert claims or seek relief in small claims court if such claims qualify
and remain in small claims court; and (ii) you or InterCopy may seek
equitable relief in court for infringement or other misuse of intellectual
property rights (such as trademarks, trade dress, domain names, trade
secrets, copyrights, and patents). For purposes of this Arbitration
Agreement, “Dispute” will also include disputes that arose or involve facts
occurring before the existence of this or any prior versions of the Terms
as well as claims that may arise after the termination of these Terms.
2. Informal Dispute Resolution. There might be instances when a Dispute arises
between you and InterCopy. If that occurs, InterCopy is committed to
working with you to reach a reasonable resolution. You and InterCopy agree
that good faith informal efforts to resolve Disputes can result in a
prompt, low‐cost and mutually beneficial outcome. You and InterCopy
therefore agree that before either party commences arbitration against the
other (or initiates an action in small claims court if a party so elects),
we will personally meet and confer telephonically or via videoconference,
in a good faith effort to resolve informally any Dispute covered by this
Arbitration Agreement (“Informal Dispute Resolution Conference”). If you
are represented by counsel, your counsel may participate in the conference,
but you will also participate in the conference. The party initiating a
Dispute must give notice to the other party in writing of its intent to
initiate an Informal Dispute Resolution Conference (“Notice”), which shall
occur within 45 days after the other party receives such Notice, unless an
extension is mutually agreed upon by the parties. Notice to InterCopy that
you intend to initiate an Informal Dispute Resolution Conference should be
sent by email to support@InterCopy.org. The Notice must include: (i) your
name, telephone number, mailing address, email address associated with your
account (if you have one); (ii) the name, telephone number, mailing address
and e‐mail address of your counsel, if any; and (iii) a description of your
Dispute. The Informal Dispute Resolution Conference shall be individualized
such that a separate conference must be held each time either party
initiates a Dispute, even if the same law firm or group of law firms
represents multiple users in similar cases, unless all parties agree;
multiple individuals initiating a Dispute cannot participate in the same
Informal Dispute Resolution Conference unless all parties agree. In the
time between a party receiving the Notice and the Informal Dispute
Resolution Conference, nothing in this Arbitration Agreement shall prohibit
the parties from engaging in informal communications to resolve the
initiating party’s Dispute. Engaging in the Informal Dispute Resolution
Conference is a condition precedent and requirement that must be fulfilled
before commencing arbitration. The statute of limitations and any filing
fee deadlines shall be tolled while the parties engage in the Informal
Dispute Resolution Conference process required by this clause.
3. Waiver of Jury Trial. YOU AND INTERCOPY HEREBY WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A
JURY. You and InterCopy are instead electing that all Disputes shall be
resolved by arbitration under this Arbitration Agreement, except as
specified in the subclause entitled “Applicability of Arbitration
Agreement” above. There is no judge or jury in arbitration, and court
review of an arbitration award is subject to very limited review.
4. Waiver of Class and Other Non-Individualized Relief. YOU AND INTERCOPY
AGREE THAT, EXCEPT AS SPECIFIED IN SUBCLAUSE 15.9, EACH OF US MAY BRING
CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS,
REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL
RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR
ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.
ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER
OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may
award declaratory or injunctive relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief
warranted by the party’s individual claim. Nothing in this paragraph is
intended to, nor shall it, affect the terms and conditions under the
subclause 15.9 entitled “Batch Arbitration.” Notwithstanding anything to
the contrary in this Arbitration Agreement, if a court decides by means of
a final decision, not subject to any further appeal or recourse, that the
limitations of this subclause, “Waiver of Class and Other
Non-Individualized Relief,” are invalid or unenforceable as to a particular
claim or request for relief (such as a request for public injunctive
relief), you and InterCopy agree that that particular claim or request for
relief (and only that particular claim or request for relief) shall be
severed from the arbitration and may be litigated in the state or federal
courts located in the State of California. All other Disputes shall be
arbitrated or litigated in small claims court. This subclause does not
prevent you or InterCopy from participating in a class-wide settlement of
claims.
5. Rules and Forum. The Terms evidence a transaction involving interstate
commerce; and notwithstanding any other provision herein with respect to
the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1
et seq., will govern the interpretation and enforcement of this Arbitration
Agreement and any arbitration proceedings. If the Informal Dispute
Resolution Process described above does not resolve satisfactorily within
60 days after receipt of your Notice, you and InterCopy agree that either
party shall have the right to finally resolve the Dispute through binding
arbitration. The arbitration will be administered by the American
Arbitration Association (“AAA”), in accordance with the Consumer
Arbitration Rules (the “AAA Rules”) then in effect, except as modified by
this clause of this Arbitration Agreement. The AAA Rules are currently
available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
A party who wishes to initiate arbitration must provide the other party
with a request for arbitration (the “Request”). The Request must include:
(i) the name, telephone number, mailing address, e‐mail address of the
party seeking arbitration and the account username (if applicable) as well
as the email address associated with any applicable account; (ii) a
statement of the legal claims being asserted and the factual bases of those
claims; (iii) a description of the remedy sought and an accurate,
good‐faith calculation of the amount in controversy in United States
Dollars; (iv) a statement certifying completion of the Informal Dispute
Resolution process as described above; and (v) evidence that the requesting
party has paid any necessary filing fees in connection with such
arbitration. If the party requesting arbitration is represented by counsel,
the Request shall also include counsel’s name, telephone number, mailing
address, and email address. Such counsel must also sign the Request. By
signing the Request, counsel certifies to the best of counsel’s knowledge,
information, and belief, formed after an inquiry reasonable under the
circumstances, that: (i) the Request is not being presented for any
improper purpose, such as to harass, cause unnecessary delay, or needlessly
increase the cost of dispute resolution; (ii) the claims, defenses and
other legal contentions are warranted by existing law or by a nonfrivolous
argument for extending, modifying, or reversing existing law or for
establishing new law; and (iii) the factual and damages contentions have
evidentiary support or, if specifically so identified, will likely have
evidentiary support after a reasonable opportunity for further
investigation or discovery. Unless you and InterCopy otherwise agree, or
the Batch Arbitration process discussed in subclause 15.9 is triggered, the
arbitration will be conducted in the county where you reside. Subject to
the AAA Rules, the arbitrator may direct a limited and reasonable exchange
of information between the parties, consistent with the expedited nature of
the arbitration. If the AAA is not available to arbitrate, the parties will
select an alternative arbitral forum. Your responsibility to pay any AAA
fees and costs will be solely as set forth in the applicable AAA Rules.
6. You and InterCopy agree that all materials and documents exchanged during
the arbitration proceedings shall be kept confidential and shall not be
shared with anyone except the parties’ attorneys, accountants, or business
advisors, and then subject to the condition that they agree to keep all
materials and documents exchanged during the arbitration proceedings
confidential.
7. Arbitrator.The arbitrator will be either a retired judge or an attorney
licensed to practice law in the state of California and will be selected by
the parties from the AAA's roster of consumer dispute arbitrators. If the
parties are unable to agree upon an arbitrator within 35 days of delivery
of the Request, then the AAA will appoint the arbitrator in accordance with
the AAA Rules, provided that if the Batch Arbitration process under
subclause 15.9 is triggered, the AAA will appoint the arbitrator for each
batch.
8. Authority of Arbitrator. The arbitrator shall have exclusive authority to
resolve any Dispute, including, without limitation, disputes arising out of
or related to the interpretation or application of the Arbitration
Agreement, including the enforceability, revocability, scope, or validity
of the Arbitration Agreement or any portion of the Arbitration Agreement,
except for the following: (i) all Disputes arising out of or relating to
the subclause entitled “Waiver of Class and Other Non-Individualized
Relief,” including any claim that all or part of the subclause entitled
“Waiver of Class and Other Non-Individualized Relief” is unenforceable,
illegal, void or voidable, or that such subclause entitled “Waiver of Class
and Other Non-Individualized Relief” has been breached, shall be decided by
a court of competent jurisdiction and not by an arbitrator; (ii) except as
expressly contemplated in the subclause entitled “Batch Arbitration,” all
Disputes about the payment of arbitration fees shall be decided only by a
court of competent jurisdiction and not by an arbitrator; (iii) all
Disputes about whether either party has satisfied any condition precedent
to arbitration shall be decided only by a court of competent jurisdiction
and not by an arbitrator; and (iv) all Disputes about which version of the
Arbitration Agreement applies shall be decided only by a court of competent
jurisdiction and not by an arbitrator. The arbitration proceeding will not
be consolidated with any other matters or joined with any other cases or
parties, except as expressly provided in the subclause entitled “Batch
Arbitration.” The arbitrator shall have the authority to grant motions
dispositive of all or part of any Dispute. The arbitrator shall issue a
written award and statement of decision describing the essential findings
and conclusions on which the award is based, including the calculation of
any damages awarded. The award of the arbitrator is final and binding upon
you and us. Judgment on the arbitration award may be entered in any court
having jurisdiction. Attorneys’ Fees and Costs. The parties shall bear
their own attorneys’ fees and costs in arbitration unless the arbitrator
finds that either the substance of the Dispute or the relief sought in the
Request was frivolous or was brought for an improper purpose (as measured
by the standards set forth in Federal Rule of Civil Procedure 11(b)). If
you or InterCopy need to invoke the authority of a court of competent
jurisdiction to compel arbitration, then the party that obtains an order
compelling arbitration in such action shall have the right to collect from
the other party its reasonable costs, necessary disbursements, and
reasonable attorneys' fees incurred in securing an order compelling
arbitration. The prevailing party in any court action relating to whether
either party has satisfied any condition precedent to arbitration,
including the Informal Dispute Resolution Process, is entitled to recover
their reasonable costs, necessary disbursements, and reasonable attorneys’
fees and costs.
9. Batch Arbitration. To increase the efficiency of administration and
resolution of arbitrations, you and InterCopy agree that in the event that
there are one hundred (100) or more individual Requests of a substantially
similar nature filed against InterCopy by or with the assistance of the
same law firm, group of law firms, or organizations, within a thirty (30)
day period (or as soon as possible thereafter), the AAA shall (i)
administer the arbitration demands in batches of 100 Requests per batch
(plus, to the extent there are less than 100 Requests left over after the
batching described above, a final batch consisting of the remaining
Requests); (ii) appoint one arbitrator for each batch; and (iii) provide
for the resolution of each batch as a single consolidated arbitration with
one set of filing and administrative fees due per side per batch, one
procedural calendar, one hearing (if any) in a place to be determined by
the arbitrator, and one final award (“Batch Arbitration”). All parties
agree that Requests are of a “substantially similar nature” if they arise
out of or relate to the same event or factual scenario and raise the same
or similar legal issues and seek the same or similar relief. To the extent
the parties disagree on the application of the Batch Arbitration process,
the disagreeing party shall advise the AAA, and the AAA shall appoint a
sole standing arbitrator to determine the applicability of the Batch
Arbitration process (“Administrative Arbitrator”). In an effort to expedite
resolution of any such dispute by the Administrative Arbitrator, the
parties agree the Administrative Arbitrator may set forth such procedures
as are necessary to resolve any disputes promptly. The Administrative
Arbitrator’s fees shall be paid by InterCopy. You and InterCopy agree to
cooperate in good faith with the AAA to implement the Batch Arbitration
process including the payment of single filing and administrative fees for
batches of Requests, as well as any steps to minimize the time and costs of
arbitration, which may include: (i) the appointment of a discovery special
master to assist the arbitrator in the resolution of discovery disputes;
and (ii) the adoption of an expedited calendar of the arbitration
proceedings. This Batch Arbitration provision shall in no way be
interpreted as authorizing a class, collective and/or mass arbitration or
action of any kind, or arbitration involving joint or consolidated claims
under any circumstances, except as expressly set forth in this provision.
10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of
this Arbitration Agreement by sending written notice of your decision to
opt out to: 1968 S. Coast Hwy #394 Laguna Beach CA 92651, within 30 days
after first becoming subject to this Arbitration Agreement. Your notice
must include your name and address, the email address you used to set up
your InterCopy account (if you have one), and an unequivocal statement that
you want to opt out of this Arbitration Agreement. If you opt out of this
Arbitration Agreement, all other parts of these Terms will continue to
apply to you. Opting out of this Arbitration Agreement has no effect on any
other arbitration agreements that you may currently have, or may enter in
the future, with us.
11. Invalidity, Expiration. Except as provided in the subclause entitled
“Waiver of Class or Other Non-Individualized Relief”, if any part or parts
of this Arbitration Agreement are found under the law to be invalid or
unenforceable, then such specific part or parts shall be of no force and
effect and shall be severed and the remainder of the Arbitration Agreement
shall continue in full force and effect. You further agree that any Dispute
that you have with InterCopy as detailed in this Arbitration Agreement must
be initiated via arbitration within the applicable statute of limitation
for that claim or controversy, or it will be forever time barred. Likewise,
you agree that all applicable statutes of limitation will apply to such
arbitration in the same manner as those statutes of limitation would apply
in the applicable court of competent jurisdiction.
12. Modification. Notwithstanding any provision in these Terms to the contrary,
we agree that if InterCopy makes any future material change to this
Arbitration Agreement, it will notify you. Unless you reject the change
within 30 days of such change become effective by writing to InterCopy at
Keizersgracht 271-287, 1016 ED, Amsterdam, the Netherlands. your continued
use of the InterCopy Services, including the acceptance of products and
services offered on the InterCopy website following the posting of changes
to this Arbitration Agreement constitutes your acceptance of any such
changes. Changes to this Arbitration Agreement do not provide you with a
new opportunity to opt out of the Arbitration Agreement if you have
previously agreed to a version of these Terms and did not validly opt out
of arbitration. If you reject any change or update to this Arbitration
Agreement, and you were bound by an existing agreement to arbitrate
Disputes arising out of or relating in any way to your access to or use of
the Services or of the InterCopy website, any communications you receive,
or these Terms, the provisions of this Arbitration Agreement as of the date
you first accepted the Terms (or accepted any subsequent changes to these
Terms) remain in full force and effect. InterCopy will continue to honor
any valid opt outs of the Arbitration Agreement that you made to a prior
version of these Terms.
16. GOVERNING LAW
These Terms and any actions arising out of or in connection with it will be
governed by and construed and interpreted in accordance with the State laws of
California, without giving effect to any conflict of law or other principles
that provide for the application of the law of another jurisdiction. The United
Nations Convention on contracts for the international sale of goods does not
apply to these Terms.
17. CONTACT
You can contact InterCopy at legal@InterCopy.org or by using
https://intercopy.org/contact.php or by telephone at (818) 517-3232.
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