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Terms of Use

Please read these Terms of Use carefully before using this Visionary Media Group website.

Welcome to the Visionary Media Group website [www.visionarymediagroup.com] (together with its subdomains, subsites, pages, content, marks, systems, features, API applications, services and/or elements, and in whatever forms, mediums or types of applications, sometimes referred to herein as the “Website”).  Please read the following Terms of Use carefully before using this Website so that you are aware of your legal rights and obligations with respect to the Website and its owner-developers Visionary Entertainment and Media Group LLC ("Visionary", "we", "our" or "us"). By accessing or using the Website, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Platform.

1. Background

Thank you for visiting the Website. Visionary is happy to make available to you the content on its Website for informational purposes only.

 

2. Modification

We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective the day following posting of the revised Terms on the Platform, and your continued use of the Website thereafter means that you agree to, and accept those changes.

 

3. Ability to Accept Terms

The Website is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Platform. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Website to make sure that you and your parent or guardian understand these Terms and agree to them.

 

4. Website Access

For such time as these Terms are in effect, we hereby grant you permission to visit and use the Website provided that you comply and agree with these Terms and applicable law.

 

5. Restrictions

You shall not: (i) copy, distribute or modify any part of the Website without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Platform; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Platform; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform.

 

6. Personally Identifiable Information

That protection and security of your Personally Identifiable Information is very important to use. We will use any personally identifiable information we obtain from you only for the purposes specified in our Privacy Policy. Please carefully review and understand Visionary ’s Privacy Policy also available on the Website (“Privacy Policy”), for further details on how information may be gathered and used by Visionary.

 

7. Account

In order to use some of the services of the Platform, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Visionary immediately of any breach of security or unauthorized use of your Account. As between you and Visionary, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Visionary at info@Visionarymediagroup.com

 

8. Payments to Visionary

Except as expressly set forth in the Terms, your general right to access and use the Website is currently for free, but Visionary may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Website unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Platform.

 

9. Intellectual Property Rights

9.1. Content and Marks
The (i) content on the Platform, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), is our sole property (and/or that of our designees and/or assignees) and may be protected by applicable copyright or other intellectual property laws and treaties. “Visionary”, the Visionary logo, and other marks are Marks of Visionary or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content.

9.2. Use of Content
Content on the Website is provided to you by way of a non-exclusive revocable limited license for use, for your information and personal use only and solely for use as a part of the Website and it’s features, and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content because you are expressly authorized to do so by the Platform, you must retain all copyright and other proprietary notices contained therein.

 

10. User Submissions

10.1. Responsibility
The Website may permit the submission, hosting, sharing and publishing of Content by you created by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Website (including User Submissions) at any time and for any reason.

10.2. Ownership
You represent and warrant that you own or have the necessary rights and permissions to use and authorize Visionary to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Website and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions, on a quit claim basis.

10.3. License to User Submissions
By submitting the User Submissions to Visionary , you hereby grant Visionary a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and our business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Website or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and/or enjoy such User Submissions as part of the feature, systems and/or functions of the Platform, in whatever form, all in accordance with these Terms.

10.4. Prohibited Content
You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to, or infringing any third party rights, proprietary, based in intellectually property law or otherwise, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

10.5. Exposure
You understand and acknowledge that when accessing and using the Platform: (i) you will be exposed to User Submissions from a variety of sources, and that Visionary is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Visionary with respect to (i) and (ii) herein.

10.6. Spam
You agree not to, and will not, use the communications systems provided by the Website to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

 

11. Information Description

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

 

12. Links

12.1. The Website may contain links and/or APIs, and may enable you to post content, to third party sites and/or platforms, systems or applications, that are not owned or controlled by Visionary . We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party site and/or platform, systems or applications. You: (i) are solely responsible and liable for your use of and linking to third party site, platform, systems or applications and any content that you may send or post there; and (ii) expressly release us from any and all liability arising from your use of any third party site and/or platform. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party site and/or platform, system or application that you may choose to visit.

12.2. We permit you to link to the Website provided that: (i) you link to but do not replicate any page on this Platform; (ii) the hyperlink text shall accurately describe the Content as it appears on the Platform; (iii) you shall not misrepresent your relationship with Visionary or present any false information about Visionary and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a site, platform, system and/or application ("third party site, platform, system or application") which prohibits linking to third parties; (v) such third party site, platform, system or application does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your site, platform, system or application comply with these Terms and applicable law.

 

13. Privacy

We will use any personal information that we may collect or obtain only in connection with the Website and our business in accordance with our Privacy Policy available for your careful review on the Platform. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

 

14. Copyright Policy

It is our both our interest and policy to respect the legitimate rights of copyright and other intellectual property owners, particularly that of our Website users, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed below (“Copyright Notice").

 

15. Warranty Disclaimers

15.1. This section applies whether or not the services provided under the Website are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

15.2. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VISIONARY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. VISIONARY DOES NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE PLATFORM MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT VISIONARY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE PLATFORM BY A THIRD PARTY.

15.3. VISIONARY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.

15.4. YOU SPECIFICALLY ACKNOWLEDGE THAT VISIONARY SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY PLATFORM USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

15.5. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY PLATFORM USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY PLATFORM USER OR OWNER IN CONNECTION WITH THE PLATFORM OR ANY USER SUBMISSION, YOU AGREE THAT VISIONARY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. VISIONARY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

15.6. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, VISIONARY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE PLATFORM.

 

16. Limitation of Liability

16.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VISIONARY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF VISIONARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

16.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VISIONARY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO VISIONARY FOR USING THE PLATFORM DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

 

17. Indemnity

You agree to defend, indemnify and hold harmless Visionary and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Platform; (ii) your User Submissions; (iii) your interaction with any Website user; or (iv) your violation of these Terms.

 

18. Term and Termination

These Terms are effective until terminated by Visionary or you. Visionary in its sole discretion, has the right to terminate these Terms and/or your access to the Platform, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Visionary shall not be liable to you or any third party for termination of the Platform, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Platform. Upon termination of these Terms, you shall cease all use of the Platform. This Section 18 and Sections 9 (Intellectual Property Rights), 10.3 (License to User Submissions), 13 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 19 (Independent Contractors) to 23 (General) shall survive termination of these Terms.

 

19. Independent Contractors

You and we are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Visionary.

 

20. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification to you. Any prohibited assignment shall be null and void.

 

21. Dispute Resolution, Disputes. Mandatory, Bilateral Arbitration

ANY DISPUTE OR CLAIM IN CONNECTION WITH THIS AGREEMENT ("Dispute") SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION, except that each party retains the right to bring an individual action in a small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s Intellectual Property Rights. The arbitrator’s decision and award shall be final and binding, with some exceptions under the FAA (defined below).

21.1. Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a Dispute is subject to arbitration. Unless otherwise agreed in writing in respect of a Dispute, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to JAMS Streamlined Arbitration Rules and Procedures ("JAMS Streamlined Rules"), as modified by this Agreement (this Section shall govern if it conflicts with any of the JAMS Streamlined Rules), and consistent with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness ("JAMS Consumer Fairness Standards"). The arbitrator must honor this Agreement (including without limitation all liability exclusions and limitations), and can award damages and relief, including any attorneys’ fees authorized by Law. BY ENTERING INTO THIS AGREEMENT, YOU AND VISIONARY HEREBY IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION (OR OTHER CLASS-WIDE PROCEEDING). Notwithstanding JAMS Streamlined Rule 8(b), any dispute as to the arbitrability of a Dispute shall be resolved by a court as set forth in Section 22 below.

21.2. No Class Arbitrations. THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF JAMS WOULD. RATHER, YOU AND VISIONARY ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS OTHERWISE AGREED IN WRITING IN RESPECT OF A DISPUTE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE(S), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

21.3. Location. Unless otherwise agreed in writing, the arbitration will take place in-person in New York City, New York, USA.

21.4. Costs. If you initiate an arbitration for a Dispute, you will be required to pay $250 of the fee required to initiate the arbitration and Visionary will pay any remaining JAMS Case Management Fees and all professional fees for the arbitrator’s services; you will remain responsible for your respective costs relating to counsel, experts, witnesses, and travel to the arbitration.

21.5. If we initiate an arbitration for a Dispute, it will pay all administrative fees and costs related to the arbitration, including all professional fees for the arbitrator’s services; you will remain responsible for your costs relating to counsel, experts, witnesses, and travel to the arbitration.

21.6. Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for Disputes within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the Law allows, seek relief against Visionary on your behalf.

21.7. Opting Out.You can decline this agreement to arbitrate by contacting info@visionarymediagroup.com within thirty (30) days of the date on which you accepted this Agreement and stating clearly that you decline this arbitration agreement. Furthermore, and notwithstanding the provisions regarding modification of the Agreement, if Visionary changes this Dispute Resolution Section after the initial date you accepted this Agreement (or the date you accepted any subsequent changes to this Agreement), you may reject any such change by providing Visionary written notice of such rejection to info@visionarymediagroup.com within thirty (30) days of the date such change became effective, as per the terms of this Agreement. In order to be effective, any notice must include your full name and mailing address. By rejecting such change(s), you agree that you will arbitrate any Dispute in accordance with the provisions of this Section as of the date on which you accepted this Agreement (or the date you accepted any subsequent changes to this Agreement), unless you declined this arbitration agreement as described above.

21.8. Confidentiality. All aspects of the arbitration proceeding, such as the decision, the award and compliance therewith, shall be strictly confidential.

21.9. This agreement to arbitrate shall only apply on a “to the maximum extent permitted by law basis.

 

22. Governing Law

Visionary reserves the right to discontinue or modify any aspect of the Website at any time. These Terms and the relationship between you and Visionary shall be governed by and construed in accordance with the laws of New York State, United States, without regard to its principles of conflict of laws. To the extent, if any, that the dispute is not settled completely and finally pursuant to the arbitration above, you agree to submit to the personal and exclusive jurisdiction of the courts located in New York City, New York State, United States and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Visionary may seek injunctive relief in any court of competent jurisdiction.

 

23. General

These Terms shall constitute the entire agreement between you and Visionary concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

24. Contact Information

If you have any questions or concerns about the Terms for this Website or their implementation, you may contact us at info@visionarymediagroup.com.

 

25. Copyright Policy

Because the protection of your intellectual property and copyright is very important to us, we’ve gone the extra step for you to set up the dedicated Copyright Policy below:

25.1. Removal of Content. It is our to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Visionary has designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with the Website and (i) the related Website mobile applications, and/or (ii) the related Website sites, pages, and/or domains(collectively, the “Service”). Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:
1.2. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
1.3. A description of the copyrighted work you claim has been infringed;
1.4. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
1.5. Your address, telephone number, and email address;
1.6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
1.7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
1.8. Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 U.S.C. (the “Copyright Act”) Section 512(g)(3) to confirm these requirements):
1.9. Your physical or electronic signature
1.10. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
1.11. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
1.12. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Visionary may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
1.13. Misrepresentations. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
1.14. Copyright Agent. Visionary ’s agent for notice of claims of copyright infringement (“Copyright Agent”) can be reached as follows: Email to info@visionarymediagroup.com

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