Effective: July 11, 2012
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS SITE IS DIRECTED AT U.S. AND CANADIAN RESIDENTS. IF YOU ARE OVER 18 YEARS OF AGE, YOUR ONLY ACCESS TO THIS SITE SHOULD BE AS A PARENT or ADULT MEMBER, AS DEFINED BELOW:
GromSocial.com is operated by GromSocial, Inc. (also known within this document as "GromSocial", "we", or "us"). GromSocial.com is a website that provides a friendly and safe environment for children 15 years old and younger, with their parent's consent and supervision, to experience social networking, including such features as games, chat rooms, message boards, email, music/photo/video uploading and sharing and other age-appropriate activities. Our services include our website (www.Gromsocial.com) and other features, content and functionality offered by us from time to time in connection with our website.
"Visitor" is someone who is browsing through the Site without registering for or logging into as a GromSocial member.
"Grom or Child" is someone between the ages of 6 – 15 who wishes (or has registered) to be a Member of GromSocial.
"Parent" is someone over the age of 18, who is either the parent or a legal guardian of a child wanting to register (or has registered) to be a Member of GromSocial.
"Adult" is a friend of an existing Grom or Child that is approved by Grom Member.
"You" is in reference to you as the Parent and legal guardian, and your Child, whom you have granted access to the Site.
"Unapproved Child Member" is a child who has registered with the Site but has not yet been approved by the parent. Until the parent or legal guardian gives approval, an unapproved child member has the same access as a Visitor (as described above).
"GromSocial Member" is a child who has created an account and has parent approval. GromSocial members have full access to the site.
3. Modification to Agreement
We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site. Your use of our Site after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes. This Policy was last updated on July 11th 2012.
You must be fifteen (15) years old or younger and have legal parental or guardian consent to be, and continue to be, a Child Member on the Site. You must be 18 years of age or older and the legal parent or guardian of a child wishing to use the Site in order to sign-up as a Parent Member and sign-up your child as a Child Member. Parents and anyone 16 years of age or older may not register as Child Members or register without children. Parents may only register their own child(ren).
The Site is not intended for children over 16. Children 17 and over should talk with their Parents about what sites are appropriate to visit. A Child Membership may be terminated without warning, if we believe that the Child Member is over 15 years of age. A Parent Membership (and concurrently an associated Child's Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal Parent of any child you have approved for membership on this Site. During the Membership registration process, Parent Members and Child Members will be prompted to provide personal information that allows us to know who you and your child are ("Registration Information").
By using the Site, Parent Members and Child Members represent and warrant that:
(a) all Registration Information they submit is truthful, accurate, current and complete;
5. Registration Information and Membership Security
During the registration process by a Child, the Child will be asked to provide a "Name". We use this to allow a child's "friend requests" (requests from other GromSocial Child Members to become connected on the Site) to be recognized by the Child Member and Parent Member. It is necessary for the child to provide a "Username" (or "login name"), which will be the public name used in GromSocial. All "usernames" will go through a privacy and profanity filter to restrict the sharing of Personally Identifiable Information (or "PII"). The Child will also be asked to provide a password, provide his/her birth date, birth month and year, gender, and his/her Parent's email address. The child's registration will not be complete until his/her Parent completes the registration process on the Site and approves the child. Once the child is approved by a Parent, s/he becomes an GromSocial Member, the Child will have access to the site. The Parent will have the option to build their account when they approve the child's membership. Children may begin the registration process with their Parents or alone, but will not have full access to the site until after a Parent approves them. Child members who are unapproved Accounts remain in a visitor state until his/her parent completes the approval process. Until that process is complete, the unapproved child member will not be able to access any feature that allows the child has to communicate or share personally identifiable information ("PII"), such as, chat, text posts or comments, image or video uploads.
The Parent will be prompted to approve by signing the Gromsocial contract. At this time, the Parent will have to option to create their Parent account when they approve the child's membership. The name they submit with contract signature will be their user name. Then email will be sent to parents email address with their password automatically created. Once registration is complete and Parents become Members, this password will allow a Parent Member to access the GromSocail site.
a) A Child's GromSocial Username. GromSocial uses filtering software against Usernames to restrict the use of profanity.
b) Misuse of Username or Identity. No Member may impersonate any person or entity or misrepresent a Member's identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. Members agree to promptly notify us at email@example.com of any unauthorized use of a Child or Parent Member's username, password, or other sensitive account information. Members shall notify GromSocial of any breach of security involving or relating to the Site Members should never respond to online requests for Member passwords other than in connection with the log-on process for the Site. Any such password requests should be forwarded to us at firstname.lastname@example.org.
c) Liability and Loss due to Account Abuse. Disclosure of a password to any other person is at a Member's own risk. Although we will not be liable for a Member's losses caused by any unauthorized use any Member information, Members may be liable for our losses or the losses of others as a result of such unauthorized use. We do not provide Internet access. Members are solely responsible for any fees associated with any Internet connection that provides access to the Site. GromSocail reserves the right to charge for some or all aspects of the Site. We reserve the right to interrupt the Site with or without prior notice for any reason or no reason without liability to Members for any unavailability of the Site. Except as provided by law or otherwise provided in this Agreement. Gromsocial has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.
6. Verification and Safety
We believe your child's safety on the Internet is important. While there is no absolute method of ensuring a completely safe environment, we take seriously our mandate to secure "verifiable parental consent" as required under the Children's Online Privacy Protection Act ("COPPA"). We are always looking into new and better ways to verify your consent so that we are not collecting or potentially disclosing information from your child that you did not authorize.
7. No Commercial Use
The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
8. Third Party Advertising
9. Partners, Sponsors, and Operators
GromSocail may be accessible through operators and or different web addresses. Our Site may, from time to time, also be accessible through other, third party Sites. If you do not want your PII shared with these sites, only access the Gromsocial Site through Gromsocial.com. If you choose to access our Site through a third party website, please review the privacy policies on those sites. Such sites may subject you or your child to the collection of PII that you have provided to GromSocail. In all cases where GromSocail has contracted with a third party Site to provide access to a Child Member, that Site has represented to GromSocail that it is fully COPPA compliant, and will store no more data than what a Parent Member allocates in the Parent Panel.
10. Dealing With Other Sites and Applications
11. Ownership of Content
We use the word "Content" to mean any and all text, audio and visual works, such as pictures, photographs, drawings, digital images, graphics, music, video, audio, code, poems and other creative output your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that may be submitted, posted, uploaded, embedded, displayed, communicated or otherwise distributed (collectively "Distribute") on or through the Site, including by us, you and other Users.
a) You acknowledge that: (i) by using the Site you may have access to Content, and (ii) this Content may be provided under license by independent content providers, including contributions from other Users (all such independent content providers are "Content Providers"). We do not generally pre-screen Content. Content does not include any PII that you were required to provide during the registration process for Parent Members, Adult Members and Child Members. Content may, however, include personal information if you have voluntarily provided such information it on another area of the Site. You acknowledge that GromSocial, its licensors, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Site or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights.
d) In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your limited, personal, noncommercial home use only, and AT YOUR OWN RISK. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law. GromSocial shall not be responsible for any damage or any kind to you or your computer as a result of downloading Software from our Site.
12. Communication, and Public Forums
"Public Forum" means any area, site or feature offered as part of the Site that offers the opportunity for interactive communications between Users, such as posting and sharing Content, posting comments, chatting, voice-chatting, and interacting with other Members in the Site chat area, message board or social community environment.
You acknowledge that the Public Forum and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any submission, to a Public Forum. We do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Content you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. While we endeavor to provide a safe environment for your Child, there are no guarantees and we do not generally monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by Members in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Content you distribute. We reserve the right to screen, refuse to post, remove or edit Content at any time and for any or no reason including, without limitation, if your submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
13. Rules of Conduct
You have a nonexclusive, limited, revocable license to use the Site while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that we deem harmful. These rules apply to all Users, including Visitors, Parents and Children. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators and others acting in concert. You agree that you shall not:
a) Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
b) Impersonate any person or entity without their consent, including, but not limited to, a GromSocial employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Make unauthorized use of any of our trademarks or service marks; Take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
d) Take any action or upload, post, e-mail or otherwise transmit Content as determined by us, in our sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
e) Use the Site to engage in any activities not expressly outlined or contemplated in this Agreement or on the Site, including engaging in commercial activities and/or sales without our prior written consent, such as creating contests or sweepstakes;
f) Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g) Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that we consider in its sole discretion to be of such nature, including any Content that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
i) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
j) Attempt to gain access to any other Member's Membership account or password; or "Stalk," "bully," abuse or attempt to abuse, or otherwise harass another User. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership;
k) Delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
15. Limitation of Liability
As a condition of access to our Site, you release GromSocial (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site. You agree that:
a) we will have the right but not the obligation to resolve disputes between Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute;
b) to the extent we elect to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims;
c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and
d) you hereby release Gromsocial (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.
16. Membership Termination
This Agreement shall remain in full force and effect while you use the Site or are a Member. You may terminate your Parent Membership and/or your Child's Membership at any time, for any reason, by contacting us at email@example.com. On your election to cancel, your and your Child's Membership will be deactivated within 24-48 hours.
We have the right at any time, for any reason or no reason, with or without warning to suspend or terminate your and your Child(ren)'s Membership(s), terminate this Agreement, and/or refuse any and all current or future use of the Site without notice or liability to you.
Even after Membership is terminated, this Agreement will remain in effect. If a Parent Membership is terminated, voluntarily or involuntarily, the Membership(s) of that Parent's Child(ren) will terminate concurrently and automatically. If a Child Membership is terminated, voluntarily or involuntarily, the corresponding Parent Membership will generally remain active, unless we terminate it in our sole discretion, for example if we determine that the Parent or one or more of his/hers Children have engaged in abusive behavior or other violation of this Agreement.
17. Transfer of Membership and Assignment
You may not assign or transfer your Membership, including your Child's Membership, this Agreement or any or all of your rights hereunder without our prior written consent, and any attempt to do so is void. All or any of our rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Site in a merger, acquisition or sale of all or substantially all of Gromsocial's assets.
In the event a dispute arises between you and GromSocial, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and Gromsocial agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Site (a "Claim") in accordance with one of the subsections below.
a) Governing Law. This Agreement and the relationship between you and GromSocial shall be governed in all respects by the laws of the State of Florida without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
b) Forum for Disputes You and GromSocial agree to submit to the exclusive jurisdiction and venue of the courts located in the County of Brevard, Florida except as provided below regarding optional arbitration.
c) Optional Arbitration For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d) Improperly Filed Claims All Claims you bring against us must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, we may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
19. Releases, Disclaimer of Warranty, Further Limitations of Liability, Indemnity.
a) No Liability for Accumulated Content When using the Site, you may accumulate Content that resides as data on our servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND DISPLAY NAMES RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION. YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU UPLOAD AND/OR CREATE USING THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS. YOU UNDERSTAND AND AGREE THAT WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
b) The Site Is Provided "As Is" WE PROVIDE THE SITE, YOUR MEMBERSHIP AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Site or your Membership, and you understand that you shall not be entitled to refunds for fees paid (if any) based on our failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
c) Further Limitations of Liability IN NO EVENT SHALL WE OR ANY OF OUR SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that we cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Site.
20. Your Indemnification of GromSocial
At our request, you agree to defend, indemnify and hold harmless GromSocial, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Site, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Site. You agree to defend, indemnify and hold harmless GromSocial, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in the Site infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
21. General Provisions and Notices
All notices given by you or required under this Agreement shall be faxed to GromSocail, Attn: Legal Department, at: (561) 625-6572; or mailed to us at: GromSocial Legal Department Attn: GromSocial, INC, Inc. 2855 PGA Boulevard Palm Beach Gardens, Florida 33410. Digital Millennium Copyright Act.
a) Filing a DMCA Notice To file a DMCA Notice, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA. Your Notice must: Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, "My copyrighted work is an image that appears at [list profile where material is located]."); Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. If applicable, you should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to "prove" your claims). The information provided should be as detailed as possible; Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available); If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred); Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."; Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."; The Notice must be signed; The Notice must be sent to our DMCA designated agent at the following address: Darren Marks DMCA Designated Agent GromSocial.com 2060 NW Boca Raton Blvd. Suite 6 Boca Raton FL 33431 Or fax to: 1 855-543-4766 (Grom) (on the cover sheet, please write: Attention: DMCA NOTICE).
b) Filing a Counter-Notice If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA. Your Counter-Notice must: Describe and list all material(s) that were removed by GromSocial and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible; Provide your name, address, telephone number and email address (if available); State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Brevard County, Florida if your address is outside of the United States); State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us. Include the following statement: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." The Counter-Notice must be signed.
The Counter-Notice must be sent to our designated DMCA designated agent at the following address: Darren Marks DMCA Designated Agent GromSocial.com 2060 NW Boca Raton Blvd. Suite 6 Boca Raton FL 33431 Or fax to: 1 855-543-4766 (Grom) (on the cover sheet, please write: Attention: DMCA NOTICE).
We are not a 24-hour helpline. We are not trained professionals. Grom Social may refer user to crisis hotlines.