Personally Identified Data
We strongly discourage users from entering their full name, phone number, physical address, or other sensitive information in user profiles, comments, or other areas of the site.
Like most web sites, Blirk logs web, database, and other server software usage and access information. This information may include your internet protocol (IP) address, which in many cases can be translated to an affiliation (such as your work, school, or internet service provider), or a geographical location. We only use this information for debugging purposes and for aggregating anonymous usage and traffic statistics.
The Site contains links to other sites. Blirk is not responsible for the privacy practices or the content of such Web sites.
How You Can Access Or Correct Information
Notification Regarding Updates
Sharing/Selling of Data
Blirk does not share or sell personally identifiable data to third parties such as spammers or direct marketers.
Our Commitment to Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
Upon request, your Blirk account can be canceled. Your user profile will no longer appear on the Site and your submissions will no longer be listed publicly for download. Any comments you have posted will still appear and include your username, but will not be linked to your profile. After cancellation, your account will be not be available for log-in.
The data submitted to and generated by the Site may be copied to additional machines for redundancy and backup purposes.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: info@Blirk.net.
Terms of Service
Please take the time to read this entire agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the Blirk.net Web site (the "Site"). Failure to adhere to your responsibilities under this Agreement will result in termination of your Blirk.net account and/or may expose you to liability.
To upload to Blirk and use Blirk's services you must agree to and abide by the following terms and conditions of service (the "TOS"). Unless specifically noted, the following statements apply to all Blirk partners and affiliates who receive free or commission based Blirk Service (as defined below).
1. Acceptance of terms
IF YOU DO NOT AGREE WITH ANY OF THESE TOS, PLEASE DO NOT USE THIS SITE, BECAUSE BY USING THE SITE YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THESE TOS. Blirk provides its service ("Service") to you, subject to the following TOS. Your use of the Site constitutes your acceptance to these TOS. Blirk reserves the right, in its sole and absolute discretion, to change, modify, add, or remove any portion of these TOS at any time. Any such changes will be reflected on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. Blirk may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. Blirk hereby specifically disclaims responsibility for your failure to read any third party terms of service.
2. Use of Materials on the Site
All materials in the Site (collectively, 'Materials') shall only be used for personal, non-commercial purposes. You may view Materials for your own use and may download only one copy of any Materials on any single computer for your personal, non-commercial use only, and you must keep all copyright and other proprietary notices attached to downloaded Materials.
Any and all forms of duplication, reproduction, distribution, publication, modification, uploading, posting, copying or transmission of Materials from the Site is strictly prohibited unless you have obtained the prior written consent of Blirk. The Materials covered by this prohibition include, but are not limited to, any written text, graphics, logos, photographs, audio, or video material on the Site.
You are also strictly prohibited from creating works or materials that are derived or are in any way based on the Materials, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise.
You agree not to use the Materials in a manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable. By the terms of these TOS, you have agreed to use the Site in a legal manner. You further agree that Blirk is not liable for any acts by you that violate this paragraph or the rights of any other party. Blirk hereby disclaims any liability from the foregoing.
3. Qualifications for Service
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to fully comply with these TOS.
You agree that in order to provide you this Service, Blirk can place advertisements into any interface provided by Blirk. Such advertisements are under Blirk's sole and absolute control and may not, under any circumstances, be removed.
5. Termination of Service / Removal Policy
We reserve the right to temporarily deactivate or permanently remove any Materials from the Site at any time, in our sole and absolute discretion, for any reason, including, but without limitation, use inconsistent with these TOS, illegal use, and network or server abuse.
6. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. Blirk.net AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN Blirk.net ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Blirk DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Blirk DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Blirk’S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blirk DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN Blirk.net OR ANY SITES LINKED TO Blirk.net IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Blirk MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON Blirk.net WILL NOT INFRINGE THE RIGHTS OF OTHERS AND Blirk ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF Blirk.net. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Furthermore, Blirk makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or Site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.
7. Limitation of Liability
NEITHER Blirk NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE AND THE MATERIAL CONTAINED THEREIN, OR INABILITY TO GAIN ACCESS TO OR USE THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Blirk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Blirk.net WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED IN OR PART OF SUCH WEBSITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Blirk, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
8. Blirk Notice Display Policy / Third Party Advertisements
Any messages posted on the Site and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears; it is mandatory that they remain intact and visible. Failure to comply with this provision will also constitute grounds for account deactivation. You further understand that in order to provide you the Service, Blirk has the right to allow advertisers to cover the costs of this Service and as such has the choice of advertisers and the content of their message is at the discretion of Blirk. Additionally, Blirk reserves the right to deliver communications, service announcements and self advertising in order to continue to provide a quality service to you.
9. Server Downtime Policy
While Blirk attempts to maintain its server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of Service for short periods of time. We disclaim liability for server downtime as set forth above.
10. Blirk Intellectual Property
Blirk.net and all other proprietary rights in the Site are the intellectual property of Blirk.net. All rights are reserved.
11. Terms Concerning Your Submissions
Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Blirk) or privately transmitted on or through the Site are the sole responsibility of the user, not Blirk, and that you are responsible for all material you upload, post or otherwise transmit to or through the Site.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
e. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available 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);
f. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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. intentionally or unintentionally violate any applicable local, state, national or international law; or
k. "stalk" or otherwise harass another; or collect or store personal data about other users.
You acknowledge that we shall have the right (but not the obligation) in our sole and absolute discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, we shall have the right to remove any content for any reason whatsoever, whether or not it violates these TOS. You acknowledge that you may not rely on any content contained on the Site.
You acknowledge that we shall have the right to, at our sole and absolute discretion, form partnerships, agreements, or work with affiliates to distribute any media uploaded to the Site for any purpose we see fit, including but not limited to marketing campaigns, downloads, network websites, and widgets (small applications used on a variety of websites, such as blogs or personal websites).
You acknowledge, consent and agree that Blirk may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOS; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Blirk, users or the public.
Any passwords used for the Site are for individual use only. You shall be responsible for the security of your password (if any). Blirk shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Blirk considers insecure, Blirk will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Blirk reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Blirk reserves the unfettered right to investigate suspected violations of these TOS, including without limitation any violation arising from any submission you make. Blirk may seek to gather information from the user who is suspected of violating these TOS, and from any other user. Blirk may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Blirk believes, in its sole discretion, that a violation of these TOS has occurred, it may edit or modify any submission, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Blirk will fully cooperate with any law enforcement authorities or court order requesting or directing Blirk to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate these TOS. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Blirk FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Blirk DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Blirk OR LAW ENFORCEMENT AUTHORITIES.
14. Local Regulations
Blirk makes no representation that materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
15. Blirk's Use of Content
Blirk will consider anything you provide to Blirk and/or contribute to the Site as available for our use free of any obligations to you. Subject to the provisions of any additional terms, by posting or uploading any content to the Site and/or providing any communication or material to Blirk ("User Content"), you automatically and irrevocably: (a) grant and assign to Blirk any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Blirk and/or by any person authorized by Blirk, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Blirk as your agent with full power to enter into any document and/or do any act Blirk may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these TOS; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Blirk shall not be liable for any use or disclosure of such User Content.
16. Third-Party Sites
The Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Blirk, and you acknowledge that (whether or not such sites are affiliated in any way with Blirk) Blirk is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Blirk or any association with its operators.
Blirk cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Blirk since other shop channels are owned and operated by independent retailers. Blirk does not endorse any of the merchandise, nor has Blirk taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Blirk does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Blirk, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST Blirk, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THESE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
18. Governing Law / Miscellaneous
These TOS shall be construed in accordance with the laws of the State of California, and you agree to submit to jurisdiction in any action to enforce the terms herein in the federal or state courts of Orange County, California. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of these TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible; otherwise, these TOS shall control. If any provision of these TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of our right to enforce such terms. These TOS constitute the entire and only agreement between you and Blirk with respect to use of the Site, and supersedes any prior agreements, oral or written, between you and Blirk. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on Blirk. You agree that, except as otherwise expressly provided in these TOS, there shall be no third party beneficiaries to this Agreement. The section titles in these TOS are for convenience only and have no legal or contractual effect.
19. Modifications to the Terms of Service
Blirk may change these TOS at any time and in its sole and absolute discretion. The modified TOS will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of Blirk. If you dogree with the modified TOS, your only remedy is to discontinue using the Blirk Site.
20. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of these TOS to the following address: info@Blirk.net.
22. Online Privacy Notice
23. Copyright Claims
Pursuant to the Digital Millennium Copyright Act ('DMCA'), Blirk has designated an agent to receive notifications of alleged copyright infringement on the Site. See Below for our DMCA policy, which forms part of these TOS.
24. How To Contact Us
Please forward any comments or questions to info@Blirk.net.
Digital Millennium Copyright Act ("DMCA") Policy
Blirk.net ('Blirk') is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ('DMCA'). We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the Blirk.net website (the 'Site') and you did not authorize the use of the content you must notify Blirk in writing in order for us to identify the allegedly infringing content and take action.
I. DESIGNATED AGENT
Blirk's designated agent to receive notification of alleged infringement under the DMCA is:
Attn: Copyright Agent
Upon receipt of proper notification of claimed infringement, Blirk will follow the procedures outlined herein and in the DMCA.
II. COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS
The following elements must be included in your copyright infringement claim:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
III. Blirk RESPONSE
Blirk will follow the procedures provided in the DCMA, which prescribe a notice and takedown procedure, subject to the user's right to submit a counter-notification claiming lawful use of the disabled works. It is expected that all users of any part of the Site will comply with applicable copyright laws. However, if Blirk receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity, provided all such claims have been investigated and determined to be valid by Blirk in Blirk's sole and absolute discretion. Blirk will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
Pursuant to the Terms of Service Agreement to which all users of Blirk.net agree to prior to using Blirk.net, all users are required to use only lawfully-acquired creative works as website content, and a user's access may be disabled upon receipt of notice that infringing material has been submitted. Blirk also respects the legitimate interests of users in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to content that has been disabled due to a copyright complaint. To write a proper counter-notification, please provide the following information:
1. State that access to your content was disabled due to operation of the notice and takedown procedure.
2. Identify the material that has been removed and designate its URL prior to removal.
3. State, under penalty of perjury:
a. Your name, address, and telephone number,
b. That you 'have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material,'
c. That you 'consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.'
To exercise your DMCA rights, you must send your counter-notification to the designated agent for Blirk, whose contact information is:
Attn: Copyright Agent
V. REPEAT INFRINGERS
Under appropriate circumstances, Blirk may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
VI. ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is Blirk policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.