Online Store Terms of Sale
Last updated: February 6, 2019
Please be advised that while shopping on https://store.capcom.com, you are interacting with the eCommerce solutions provider Scalefast Inc. (“Scalefast”). Scalefast is a company contracted by Capcom U.S.A., Inc. (“Capcom”) to handle all online sales as the eCommerce solutions provider for Capcom.
These Online Store Terms of Sale ("Terms of Sale" or "Agreement") are a legal document binding between you and Scalefast, Inc. that explains your rights and obligations as a Customer. Scalefast is an independent contractor for Capcom. Please read it carefully.
You, the user of the Website or Store.
Customer services performed by Scalefast and may be contacted at [email protected]
Capcom U.S.A. Inc.
185 Berry Street, Suite #1200 - San Francisco, CA 94107 EE.UU.Product(s):
Product(s) developed and manufactured by or for Capcom and sold on the Website.Reseller:
Scalefast is the Merchant’s authorized online reseller of the Products and operates the Website: https://store.capcom.com
Its offices are located at 2100 E Grand Ave, Suite 350. El Segundo CA, 90245.Territory:
USWebsite or Store:
The Merchant’s online store website accessible at:https://store.capcom.com
The present Terms of Sale define and govern the contractual relation between the Reseller and you, the Customer, also defined above as the user of the Website.
The Reseller is an online and offline e-commerce solutions provider.
The present Terms of Sale apply exclusively between the Reseller and any person who visits the Website or makes a purchase from the Website.
You have access to and may become familiar with the Terms of Sale directly on the Website. These Terms of Sale may be altered at any point in time, at the discretion of the Reseller and Merchant. Enforceable terms and conditions consist those published on the Website, binding as of the date of store account registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms of Sale.
Your failure to cancel your Store account (“Account”) or cease to use the Reseller’s ecommerce solutions affected by the amendment will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease to use the Reseller’s ecommerce solutions. The Reseller shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any subscription, nor shall the Reseller have any obligation to prorate any fees in such circumstances.
The information given on the said Website may be modified by the Reseller without prior notification.
The act of placing an order on the Website implies acceptance, without reserve, of the present Terms of Sale.
To make a purchase on the Reseller’s branded-ecommerce Store, you may complete the Store’s registration process and create an Account. You must be 18 years old or older. If you are between at least 13 and 18 years of age, you must have parental or legal guardian consent to create or use an Account. By creating an Account, you represent that you meet the foregoing eligibility requirements.
Only an eligible account holder who resides in the Territory may make a purchase on the Store. Your Account may also include billing information you provide to the Reseller for the purchase of Products and subscriptions, for pre-orders or for faster future purchases. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on the Store that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Product or subscriptions other than if and as expressly permitted by these Terms of Sale.
Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Reseller reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Reseller can allow you to register again.
You also understand and acknowledge that Accounts are user rights binding you to such an Account, and that the Reseller does not recognize any transfer of Accounts (including transfers by operation of law) from one subscriber to any third party. Each customer shall be the sole holder of his own Account.
Your purchase is subject to product requirements which you must read before purchasing a product. The act of making a purchase constitutes your acceptance and compliance with these requirements. The Reseller shall not be held responsible for any loss, incompatible or erroneous purchases. We encourage you to contact our Customer Service, in such an event, so we may resolve your problem to the best of our ability.
You agree that you will be personally responsible for the use of your Account and for all activity on the Store that results from use of your Account. Your online conduct is expected to be in good faith, non-abusive and not seeking any other personal interest other than the services provided. You will otherwise be in violation of the Terms of Sale and, at the discretion of the Reseller, ensuing legal procedure may incur.
You may cancel your Account at any time. You may cease use of an Account at any time or, if you choose, you may request that we terminate your access to an Account. However, Accounts and product delivery are not transferable and product purchase transactions entitle you to a single right to the delivery of a product. Your cancellation of an Account will not entitle you to any refund for any products or fees. The Reseller holds the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.
The Reseller may cancel your Account at any time, in the event that (a) the Reseller closes down the Store, or (b) you breach any terms of this Agreement. In the event that your Account is terminated or cancelled by the Reseller for a violation of these Terms of Sale or improper or illegal activity, no refund, including of any subscription fees or of any unused funds in your Account, will be granted to the maximum extent allowed by law.
By creating an Account, you also accept the Terms and Conditions of the Membership Rewards Program available on the Website.
Stock Availability and Sales Fulfilment
Products are for sale within the limit of available stock. Offers for Products that are out of stock shall be valid on the condition that they can be obtained from the Reseller’s suppliers. The Reseller shall grant a limited license of access and use of the Website. The processing and delivery of orders shall always be honoured upon availability of stock.
Product Order and Confirmation
Your Product Order is a binding offer to the Reseller to purchase the said Products. Upon the placement of an order, an ensuing and immediate confirmation message will be displayed followed by a confirmation email to you. Such automatic confirmation does not constitute an acceptance by the Reseller of your order, but a notice of acknowledgement. The Reseller's acceptance of your order shall occur and a contract shall form only once the Reseller approves the order. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Fulfilment Confirmation E-mail").
If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Fulfilment Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Fulfilment Confirmation E-mail. Your contract is with the Reseller.
Orders and Use of the Online Store
The orders shall be placed exclusively via the Internet.
Automatic order confirmation errors may occur. Please check the automatic order confirmation for errors and inform us immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete. Orders will only be accepted from Customers who are 18 years of age and older or who have parental or legal guardian consent if Customers are between at least 13 and 18 years of age.
The Reseller holds the right to cancel or refuse any order from a Customer with whom a previous order’s payment dispute is being resolved.
You consent to receive sales invoices electronically. Electronic invoices will be made available in your Account on the Website. For each delivery, in our Fulfilment Confirmation E-mail, you will receive a link to your electronic invoice on the Site. If you purchase Products as a guest without an account or have not printed your invoice upon receiving your Fulfilment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy, please visit our Customer Service at [email protected]
Delivery of Physical goods
Your order shall be delivered to the address indicated during the ordering procedure. The delivery delay indicated on the Website is strictly indicative and may vary with the progression of the order. The Reseller shall not be held responsible for delayed delivery or the loss of a package by postal services or couriers and ensuing consequences. It is your responsibility to verify the good condition of their package(s) and its content upon receiving the package. In the event the package(s) or content are not in conformity with the order, you shall put in writing a full description of the content and disconformities, on the delivery slip, and shall issue a letter, with an acknowledgement of receipt and similar in content, within 3 days of package receipt.
At the time of purchase, you will pay with any of all displayed payment methods. Any other methods will not be endorsed.
The Reseller uses SSL (Secure Socket Layer) encryption technology for your transactions. Your banking information is not stored by the Reseller. Stored banking information is stored by the Payment Service Provider, only if you have selected the option of saving a credit/debit card to your name, for a future use during check out or for a pre-order. Therefore, the Reseller does not have access to private banking details and credit history at any point. To prevent abuses and fraud, the Reseller only stores your address and the transaction time and date. This data remains strictly confidential.
Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.
When you provide payment information to the Reseller or to one of its payment service providers, you represent that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Reseller to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your account. The Reseller may require you to provide your address or other information in order to meet the Reseller’s obligations under applicable tax law.
For subscriptions purchased, based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription, you agree and reaffirm that the Reseller is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor (such as Paypal), for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify the Reseller promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify the Reseller promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.
If your use of the Store and purchases are subject to any type of use or sales tax, then the Reseller may also charge you for those taxes.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.
The ownership of the Products (except for software included therein) shall be transferred to you when full payment is received. However, any risk of loss, theft or destruction, in the period between the delivery and the transfer of ownership, shall be borne by you. All software included in the Products is licensed, not sold. Such license confers to you no title or ownership in the software.
Should you not honour the payment obligations for any reason whatsoever, the Reseller shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost, risk and peril.
The Reseller makes no representations or warranties, either expressed or implied, regarding any third party site. In particular, the Reseller makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
License and user rights
Subject to the terms and conditions of Capcom’s end user license agreement and of platform providers, You are granted the limited and non-exclusive right to use one (1) copy of each Product delivered to you by the Reseller on a computer, laptop, or other permissible computing device. You are not permitted to copy, distribute, display, modify, or decompile any software in a Product, to extract its source code, create any derivative work based on it, remove any indication of the name or manufacturer of the software from it, or remove or modify any copyright or trademark protection scheme protecting it. You are exclusively permitted to use the Product for your own personal use and may not pass on, sell, transfer, or lend the Product to a third party, or make any commercial use of the Product.
The Store may require the automatic download and installation of software onto your computer. The Reseller hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the software for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Terms of Sale) in accordance with these Terms of Sale. The software is licensed, not sold. Your license confers no title or ownership in the software.
You may not (i) use the Internet source code or any the Reseller software for any purpose other than the permitted access to the Store and to make personal, non-commercial use of your Account. Except as otherwise permitted by this Terms of Sale or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Store or the Reseller software without the prior consent, in writing, of the Reseller.
You are entitled to use the Store for your own personal use, but you are not entitled to: (i) sell, grant a security interest to other parties in any way, nor to rent, lease or license your Account rights to others without the prior written consent of the Reseller, except to the extent expressly permitted elsewhere in these Terms of Sale; (ii) exploit the Reseller software, the Store or Products for any commercial purpose, except as expressly permitted elsewhere in these Terms of Sale.
Right of Order Withdrawal
You have fourteen (14) calendar days, counted from the date of receipt of the merchandise, within which to return the Product, with no obligation of justification or payment of penalties. You shall pay only the return postage cost for the package.
The original invoice of the Product must be included with the returned merchandise. Only unopened Products in new condition shall be accepted.
The Customer must first notify the Customer Service team that they will be exercising their right of withdrawal by visiting the Customer Service at [email protected] specifying 'WITHDRAWAL OF ORDER' as the reason.
In order to return the Product, the Customer must follow the returns procedure provided at the Customer Service site.
If the Product is returned after the withdrawal period or if the returns procedure is not followed precisely, the Customer's package may be refused and returned to the Customer.
Customers that exercise a right to return their purchase may only demand reimbursement for the purchase’s original and paid amount.
NOTE: IF THE MERCHANDISE IS A CD, DVD, OR SOFTWARE/VIDEO GAME, AND YOU HAVE BROKEN THE SEAL, YOU ARE NO LONGER ENTITLED TO THIS RIGHT TO RETURN
The Reseller does not take title to returned items until the items arrive at the returns address destination.
At our discretion, a refund may be issued without requiring a return. In this situation, the Reseller does not take title to the refunded item.
The Reseller’s Customer Service team may be contacted at the addresses displayed on the Website.
Wrong or Faulty Product
If the order is wrong or the Product is faulty, the Customer must first notify the Customer Service team that they are willing to return it within 72 hours of delivery with the subject-line: FAULTY PRODUCT. The Customer must also provide additional information to explain what is wrong with the Product. In order to return the faulty Product, the Customer must follow the returns procedure provided by the Customer site.
The Product will be received by the Merchant or the logistics service provider and tested by experts. All returns on the grounds of a fault will be submitted for verification.
In the case the fault is confirmed, the Customer may ask for an exchange or a refund. Product exchange will only be possible within the limit of available stock. If the Product is no more available, a refund will be granted. The delivery cost of returning a faulty Product (up to Fifteen United States Dollars (15.00 USD)) will be reimbursed only if it has been verified to be faulty by the Reseller. In the case of an exchange, the cost of redelivery will be chargeable to the Reseller.
Product-related Customer Support
Please visit http://www.capcom-unity.com/go/capcom/support for product-related customer support. The Capcom Terms of Service will also apply.
The entire content of the Website (texts, illustrations and computer code) is the property of the Reseller, the Merchant or their co-contractors.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Reseller’s service are trademarks or trade dress of the Reseller or Merchant as applicable. The Reseller’s or Merchant’s trademarks and trade dress may not be used in connection with any product or service that is not provided by the Reseller or Merchant on the Store, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Reseller or Merchant. All other trademarks not owned by the Reseller or Merchant that appear in any Reseller’s service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Reseller or Merchant.
Links to Third Party Websites
Confidentiality Of Personal Data
Personal data you provide through your Account shall not be given to any third party other than to the Merchant and the Reseller’s service providers (such as payment and delivery service providers).
Responsibilities, Limitation of Liabilities, Disclaimer
You agree that these Terms of Sale do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Sale.
You acknowledge that you connect to the Website and use its services at your own risk. The Reseller or Merchant holds no responsibility for any direct or indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Reseller guarantees it shall take all sensible measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Reseller cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. The Reseller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay. The Reseller holds no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. The Reseller holds no responsibility for not honouring its contractual obligations, in the event of chance occurrence, unavoidable accident or an Act of God as defined by the laws and precedents of the applicable jurisdictions.
Nor in any event will the Reseller nor Merchant be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the Store, the Product, the software, and any information available in connection therewith, or inability to use the Product, the software, subscriptions or any information, even in the event of the Reseller’s or its affiliates’ fault, tort (including negligence), strict liability, breach of contract, or breach of the Reseller’s warranty and even if the Reseller has been advised of the possibility of such damages. EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THE AGREEMENT, THE STORE AND E-COMMERCE SERVICE PROVIDED HEREUNDER AND ANY INFORMATION ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND UNLESS SPECIFICLY PROVIDED BY THE RESELLER AND MERCHANT. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate recompense.
You agree to defend, indemnify and hold harmless the Reseller, its licensors, and its and their affiliates and the Merchant from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of these Terms of Sale or the use of the Store, by you or any person(s) using your Account, or from the Product selection to the creation of an Account, the purchase, distribution, promotion and use of any add-ons or derivative Products. The Reseller holds the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to the Reseller in that matter. This section regarding responsibilities shall survive termination of these Terms of Sale.
If you provide the Reseller with any feedback or suggestions about the Store, or any Reseller’s software, products or services or the Products, the Reseller or Merchant, respectively, is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
The Reseller and its affiliates or the Merchant will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any indirect or consequential losses of any kind as specified above.
The Reseller may inform you through an online notice in the case of systems’ maintenance and shall not be held responsible for any ensuing delays or consequences resulting therefrom.
All photographs used to illustrate the Reseller's Products and services are non-contractual and cannot bind the Reseller in any way.
Unless expressly indicated otherwise, the Reseller is not the manufacturer of the products sold on the Website. While we work to ensure that Product information on our Website is correct, actual Product packaging and materials may contain more and different information to that displayed on our Website. All information about the Products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the Product before use.
Applicable Law - Competent Jurisdiction
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE RESELLER, ITS LICENSORS, AND ITS AND THEIR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You agree that these Terms of Sale shall be deemed to have been made and executed in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of California. Subject to Dispute Resolution by Arbitration below, you agree that any claim asserted in any legal proceeding by you against the Reseller shall be commenced and maintained exclusively in California, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under these Terms of Sale, the prevailing party will be entitled to attorneys’ fees and expenses.
Nothing in these Terms of Sale limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.
If any of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.
DISPUTE RESOLUTION BY ARBITRATION
Most user concerns can be resolved by use of our Customer Service at [email protected] If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we agree to resolve it.
YOU AND THE RESELLER AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE STORE, YOUR ACCOUNT OR THE PRODUCTS. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which you or the Reseller may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AND THE RESELLER ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and the Reseller agree to make reasonable efforts, in good faith, to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and the Reseller do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or the Reseller may commence arbitration. Written notice to the Reseller must be sent via postal mail.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement.
The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
YOU AND THE RESELLER AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and the Reseller also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and the Reseller agree that it shall not be severable, that this entire section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
These terms shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.
If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.
Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, for all of which we hold an unmitigated discretion to execute. Furthermore, by submitting an infringement notice, you grant the Reseller the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Reseller for all claims brought by a third party against the Reseller arising out of or in connection with the submission of your infringement notice.