Website Terms Of Use



Welcome! You have arrived at a website or mobile Internet site operated by Cotxapi LLC ("Cotxapi", "we," "our," or "us"). Each website or mobile Internet site shall be referenced as a "Site" or collectively, the "Sites", however it is accessed and/or used, whether via personal computers, mobile devices or otherwise.

Thank you for visiting one of our Sites. While we hope you enjoy the Sites, it is important that you carefully read these Terms of Use ("Terms") before using the Sites, as they affect your legal rights and obligations and govern your use of the Sites. These Terms apply to (i) the Sites; and (ii) interactive features or downloads that are owned or controlled by Cotxapi, are available through the Sites, or that interact with the Sites and post these Terms. These Terms do not apply to any offline activities by Cotxapi (unless specifically stated). You agree to these Terms by accessing or using the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES.


Please review the Governing Law, Arbitration and No Class Actions provisions in Section 17 below of these Terms for complete details.

In some instances, both these Terms and a separate terms of service setting forth additional terms and conditions (such as our Cotxapi Guest List loyalty program Terms and Conditions) may apply to a service or product offered via the Sites ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. You consent to the collection and use of your data in accordance with our Privacy Policy.

1. Account Registration
Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features, such as to purchase products, in order to participate in a loyalty rewards program (such as our Cotxapi Insider loyalty program), receive electronic newsletters or mobile alerts, to participate in social networking activities, or to access certain Materials, use our User Forums, or post User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Sites. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

If you register on the Sites and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account ("Account") or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Sites using your name in whole or in part. Cotxapi reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.

2. Ordering Products and Services

(a) Products and Services Offered on the Sites
You need a valid credit or payment card (except to the extent we permit purchases with PayPal, gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for merchandise, digital music and media or other products or services through our Sites. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You may be asked to supply certain information relevant to your transaction including, without limitation, your credit or payment card number, the expiration date of your credit or payment card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Sites. You understand that we will not be liable in the event that others acting with or without your permission use your credit or payment card to make purchases on the Sites. Certain products that you purchase and/or download on or through the Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.

(b) Prices; Colors; Availability
All prices listed on the Sites are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit or payment card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit or payment card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Please keep in mind that while we might offer a variety of merchandise, digital music and media and other products and services for sale on the Sites, we cannot guarantee availability at a particular time; and certain products or services available in our stores might not be available on the Sites, and vice versa. We reserve the right to change our merchandise, digital music and media content and other products and service offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Sites from time to time in our discretion.

(c) Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit or payment card account in the amount charged for the cancelled portion or the quantity not provided (if your credit or payment card has already been charged for the order) or (b) we will not charge your credit or payment card for the cancelled portion of the order or the quantity not provided.

(d) Payment Terms
For each product or service that you order on the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Cotxapi will automatically bill your credit card or other form of payment submitted as part of the order process for such price. If payment is not received by your credit or payment card issuer or its agents, you agree to pay all amounts due upon demand by us.

(e) Sales Taxes
Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States in accordance with our order policy in effect at the time of purchase. Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on Cotxapi's net income), on orders shipped outside the United States.

(f) Exchange/Return Policy
All purchase transactions, excluding purchases for custom apparel and digital music and media content offered for permanent download ("Digital Media Purchases"), are subject to Cotxapi's exchange/return policy in effect at the time of purchase. For reference, the current form of Cotxapi.com's exchange/return policy is available at http://www.Cotxapi.com/returns. We may modify our return policies from time to time so you should check these each time prior to making a purchase. Please pay close attention to detail, spelling and color to ensure correct approval before printing custom apparel. Cotxapi will not refund or replace any item due to incorrect spelling, color or design. Returns and/or refunds are limited solely to apparel with fabric that is materially flawed or the printing is below quality standards. On occasion, technical and other problems may delay or prevent delivery of Digital Media Purchases. Your exclusive and sole remedy in respect of Digital Media Purchases that is not delivered within a reasonable period of time will be either replacement of such Digital Media Purchase, or a refund of the purchase price paid for such Digital Media Purchase, as determined by us in our sole and absolute discretion.

3. Promotions
The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.

4. Ownership of Site Materials

(a) Materials. 
The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; digital media offered by streaming (but specifically excluding Digital Media Purchases) designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the "Materials") are owned, controlled or licensed by Cotxapi, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Cotxapi, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for Cotxapi and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Cotxapi's rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Cotxapi's rights therein, or in breach of, any terms and conditions contained in this Terms.

(b) Copyright/Trademarks. 
The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Cotxapi owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks, such as the Cotxapi and Blackheart names and logos, and the Sites' URLs are the service and trademarks of Cotxapi. Without Cotxapi's prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to Cotxapi. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Cotxapi, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.

(c) Notice:
 Certain functionality provided via this Site(s) may be covered by U.S. Patent 5,930,474.

5. Your License to Use Materials and Digital Media Purchases on Our Sites

(a) License for Materials. Subject to your strict compliance with these Terms, Cotxapi grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the Materials (excluding source and object code) in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device) on any single computer (or other device you use to access the Sites) for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the source or object code of the Sites' software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience of the Sites.

(b) Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a "robots.txt" file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Cotxapi without the prior written consent of Cotxapi.

(c) Streaming Video Content. We may, in our discretion, provide to you code (the "Embed Code") allowing you the ability to stream certain digital music and media content (the "Streaming Content") from our Sites to a personal web page or social networking profile page ("Personal Page") on which you embed such Embed Code. Should we provide such Embed Code, it will be identified as code intended for such purpose, and Cotxapi grants you a limited, non-exclusive, non-transferable, revocable license to embed such Embed Code solely upon web-sites owned or controlled by you, solely for purposes of streaming digital music and media content provided from the Sites in order to display the Streaming Content. For any Streaming Content that we make available on a Site, we grant you a revocable permission, subject to the restrictions in these Terms, and any applicable Additional Terms, to include the Embed Code as provided by us (without editing) for inclusion only on your Personal Page and only on a site that: (i) permits you to post the Streaming Content there; and (ii) does not have terms of use or other conditions that purport to give that site operator any interest or right in or to our Embed Code or Streaming Content other than to obtain a limited, terminable right to host the Streaming Content and permit its normal operation. You may not frame the Streaming Content nor include any "pre-roll" or "post-roll" video in connection with such Streaming Content. You may not redistribute or assign any right or title in the Embed Code. You may not use the Embed Code for commercial purposes. You agree that you shall not include the Embed Code in such a way to permit the copying, modification, or creation of derivative works of any Streaming Content. You agree not to display the Streaming Content in connection with any material or content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or any content or material that would constitute or encourage a criminal offense, violates the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. Your use of the Streaming Content may display our trademarks contained in the Steaming Content or Materials made available thereby, but we control the use thereof and all goodwill associated with such use ensures exclusively to us. As described below, we make no specific warranties about Streaming Content and we may discontinue providing the services necessary for the Streaming Content to operate at any time for any reason without any liability to you. In addition, we may disable Streaming Content that you include on your Personal Page(s) if you violate these Terms (as determined by us in our sole discretion), or for any or no reason, without any liability to you. You agree that our permission to you to use Streaming Content on your Personal Page does not provide you (or any third party) with any intellectual property rights, including copyrights, in or to the Streaming Content or the Materials made available. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in Streaming Content (including any video player) that are designed to prevent users from copying, manipulating or retaining the Streaming Content.

(d) Software and Other Items Available For Download. Any items that we make available for download or use from the Sites and/or our servers, including, without limitation, the Digital Media Purchases (the "Downloadable Items") are the copyrighted work of Cotxapi or its licensors or suppliers. You may not use the Downloadable Items for commercial purposes. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Sites, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application. The Sites may provide updates to the Downloadable Items for feature, security or other enhancements from time to time. You agree to hold Cotxapi harmless in the event of damage to your device used to access the Sites or data that may result from your use of the Downloadable Items.

6. Information You Submit
(a) User Content. The Sites may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, and other communication (collectively, "User Forums") and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Cotxapi or the Sites, including, without limitation, Designs (defined below), photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").

(b) Terms Applicable to User Content. Except as otherwise described in our posted Privacy Policy, or other agreement on the Sites at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Cotxapi these licenses. Upon Cotxapi's request, you will furnish Cotxapi any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Cotxapi.

(c) License to Cotxapi for User Content. You grant to Cotxapi the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Cotxapi is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or Cotxapi, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Cotxapi the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Cotxapi the right to sub-license and authorize others to exercise any of the rights granted to Cotxapi under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Cotxapi under these Terms. You further authorize Cotxapi to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

(d) Cotxapi's Obligations Regarding User Content. You agree that Cotxapi has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' licensed rights to your User Content. You further acknowledge and agree that Cotxapi will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Cotxapi may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Cotxapi reserves the right to treat User Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which Cotxapi will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules (defined below) when notice of such violations are directed to Cotxapi's attention.
Cotxapi is not in any manner responsible for the User Content. Any opinions, advice, statements, or other information contained in User Content made available on the Sites are those of the respective author(s) or distributor(s) and not of Cotxapi. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content. You acknowledge that by providing you with the ability to view User Content on the Sites, Cotxapi is not undertaking any obligation or liability relating to any such User Content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. User Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that Cotxapi is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.

(e) Your Obligations Regarding User Content. You agree that you need to evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As Cotxapi may not pre-screen User Content, you bear legal responsibility for others' exposure to any offensive indecent or objectionable content in User Content.

7. User Forums Usage Rules
As a user of the Sites, you agree that these User Forums Usage Rules ("Rules") are here to help you understand the conduct that is expected of individuals who participate in User Forums, including any social networking opportunities on the Sites. Your participation in the User Forums is subject to all the Terms, including these Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Sites and may disregard any User Content that, in our sole discretion, violates these Rules or the Terms, or that we otherwise find objectionable. Please follow these Rules as you upload any User Content:

(a) User Content has to be yours. All User Content has to be original, not copied from someone else's work, and you have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.

(b) No pictures or images of anyone but you, your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know - but only with their express permission to submit it.

(c) Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments so we can continue to build User Forums for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn't belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you discover content that violates these Terms, you may report such abuse by clicking on the "report abuse" buttons located throughout the Sites.

(d) Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.

(e) Does your User Content contain music? Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.

(f) Do not use the User Forums for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone, any organization, any business or for a pyramid or other multi-tiered marketing scheme.

(g) Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.

(h) No violence. Your User Content may not promote violence or describe how to perform a violent act.

(i) Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.

(j) Others are watching. We hope that you will use the User Forums to exchange information and content and have discussions with other members. However, please remember that the User Forums is a public forum and User Content that you post on the User Forums will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).

(k) Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature. You may not harvest personally identifiable information about the Sites' users.

(l) Don't damage the Sites or anyone's computers. User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system. You may not gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers or networks connected to the Sites.
We reserve the right to request at any time proof of the permissions referred to above in the sections starting "User Content has to be yours", "No pictures or images of anyone but you and your friends and family" and "Does your User Content contain music?" in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Sites.

8. User Interactions and Disputes
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

9. Copyright Policy

(a) DMCA. You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (text at http://www.copyright.gov), Cotxapi has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the Accounts of users who (in our reasonable discretion) are repeat infringers.