Terms of Service » Common Media, Inc.

Terms and Conditions of Use:
(Updated as of April 17, 2008)

Common Media, Inc. (“Common Media”) owns and operates a number of websites including the one from which you just came (for example; commonkitchen.com, commonrunning.com, commonmediainc.com, and so on) (such websites being hereafter referred to as “Websites” or “the Websites”). These Websites provide Content (as defined below) and Services (including, but not limited to, communications, Content, Content postings and links, and other features, abilities, utilities, and services; hereinafter “Services” or “the Services”) to you subject to the following terms and conditions (“Agreement”).

If you visit these Websites or utilize the Services provided, you accept these terms and conditions. Please read the following legal information carefully and be sure to reread this page frequently as these terms and conditions can change frequently and without notice to you. If you do not accept this Agreement in its entirety, then you are not authorized to use these Websites or utilize the Services therein.

In addition, if you visit the websites of businesses or others not owned, run or operated by Common Media (“Affiliated Businesses”) or utilize the services provided thereon, then you will be subject to the terms and conditions of those websites.

1. Privacy Policy

Please review the Privacy Policy which is a part of this Agreement.

2. Intellectual Property

A. Copyright

All of the Content (including, but not limited to, text, graphics, images, illustrations, software, data, data compilations, communications, works of authorship, messages, files, profiles, sounds, photos, digital downloads, logos, button icons, posts, video clips, and audio clips and compilations thereof; hereinafter “Content” or “the Content”) on these Websites is the property of Common Media or its Content suppliers and is protected by United States and international copyright laws.

B. Trademarks

As indicated on the Websites, there are trademarks which have been registered in the United States and other countries. The Websites’ logos, graphics, illustrations, page headers, button icons, scripts and service names are trademarks or trade dress of Common Media or its Content providers and may not be used in any connection with any product or service that is not Common Media’s, in any manner likely to cause confusion among the public or customers or that, in any manner, discredits or disparages Common Media, its suppliers, Business Affiliates, affiliates, stockholders and employees. All other trademarks not owned by Common Media that appear on the Websites are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Common Media.

C. Patents

Patents applicable to these Websites are registered and owned by their respective owners.

D. Copyright Complaints

Common Media respects the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes intellectual property infringement, please follow the notice and procedures at Intellectual Property Infringement Claims posted at the end of this Agreement.

3. License and Site Access

Common Media grants you a limited license to access and make personal use only of these Websites and not to download (other than page caching) or modify them, or any portion of them, except with the express written consent of Common Media provided all copyright and other notices are left intact. This license does not include any resale or commercial use of these Websites or their Content or Services; any collection and use of any product listings, descriptions, or prices; any derivative use of these Websites or their Content or Services; any downloading or copying of account information for the benefit of another merchant, entity or individual; or any use of data mining, robots, or similar data gathering and extraction tools. These Websites or any portion thereof may not be reproduced, duplicated, copied, republished, uploaded, transmitted, distributed, sold, resold, visited, or otherwise exploited for any commercial or other purpose without the express written consent of Common Media. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including any Contents or Services) of Common Media without the express written consent of Common Media. You may not use any meta-tags or any other “hidden text” utilizing Common Media’s name or trademarks without the express written consent of Common Media. Any unauthorized use terminates the permission or license granted by Common Media. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Common Media or any of these Websites so long as the link does not portray Common Media, any of its Websites, affiliates, Affiliated Businesses, employees, products, Content or Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Common Media or Website logo or other proprietary graphic or trademark as part of the link without the express written consent of Common Media.

Nothing contained on these Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use these Websites or any Content or Services provided on these Websites except: (a) as expressly permitted by this Agreement; or (b) with the prior written permission of Common Media or such third party that may own the Content or Services provided by these Websites.

4. Use of the Services by You

You agree to use the Services provided by these Websites only for the purposes that are permitted by the terms and conditions of this Agreement and any applicable law, regulation or generally accepted practice or guideline in the relevant jurisdictions (including, but not limited to, any laws or regulations regarding the export of data or software to and from the United States or other relevant countries).

You agree not to access (or attempt to access) any of the Content or Services provided by these Websites by any means other than through the interface that is provided by Common Media unless you have been specifically allowed to do so in a separate agreement with Common Media. You agree not to access (or attempt to access) any of the Content or Services provided by these Websites through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on these Websites.

You agree not to engage in any activity that interferes with or disrupts the Content or Services provided by these Websites or the servers and networks which are connected to the Websites and the Services provided by these Websites. You agree not to violate the security of any computer network. You agree not to send or submit materials containing, but not limited to, the following: viruses, Trojan horses, worms, time bombs, bots or other computer programming that is intended to damage, interfere with (detrimentally or not), surreptitiously intercept or expropriate any Content, Services, system, data or personal information (“Invasive Software”).

You agree not to reproduce, duplicate, reformat, frame, copy, sell, trade or resell for any purpose the Content or Services provided by these Websites unless you have been specifically allowed to do so in a separate agreement with Common Media. You agree not to remove any copyright, trademark or other proprietary rights notices contained on these Websites. You agree not to collect any information about other users or members for any purpose other than to solicit and share reviews with other users or members of these Websites.

You acknowledge that Common Media may establish general guidelines and limits concerning use of the Content and Services provided by the Websites including, but not limited to, the maximum amount of time Content you provide will be retained by or made available through the Content and Services provided by the Websites, the amount of space on the Websites and servers allotted on your behalf, and the maximum number of times and maximum duration of time you may access the Content and Services provided by the Websites in a given period of time. You agree that Common Media has no responsibility for the blocking, deletion or failure to store any Content and no liability arising from any blocking, deletion or failure to store. You agree that Common Media has the right to cancel accounts that are considered inactive for an extended period of time at Common Media’s sole discretion and with or without notice.

5. Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and internet account, and you agree to accept responsibility for all activities that occur under your account or password. You agree not to share your account and password with anyone. You agree to notify Common Media immediately of any unauthorized use of your account or password or any other breach of security. You agree to exit from your account at the end of each session. You agree that Common Media will bear no responsibility or liability in any form arising from your failure: (i) to notify Common Media appropriately, or (ii) to exit your account appropriately. You agree to indemnify Common Media for any and all claims of whatever nature arising from your failure: (i) to notify Common Media appropriately, or (ii) to exit your account appropriately.

You represent and warrant that the information you provide about yourself is true, accurate, complete and current. If there is any breach of this requirement, or if Common Media has reasonable grounds in its sole judgment to believe that you have breached this requirement, then Common Media has the right (but not the obligation) to suspend or terminate your account and refuse any and all use of these Websites.

You represent and warrant that you are 18 years of age, are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You represent and warrant that you have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein.

Common Media does not sell products to children, but it does sell children’s products to adults who can purchase with a credit card or other method of payment. If you are under 18 years of age (or under the applicable legal age for your jurisdiction), you may use these Websites only with the involvement of a parent or guardian.

Common Media and its Affiliated Businesses reserve the right to refuse Services, terminate accounts, remove or edit Content, or cancel orders at their sole discretion.

6. Reviews, Comments, Communications, and Other Content

You may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information so long as the foregoing is not illegal, obscene, offensive, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, promotes racism, bigotry, hatred, or causes physical harm, property damage, or is otherwise injurious or objectionable to third parties, exploits people under 18 years of age or solicits personal information from anyone under 18 years of age, provides instructional material about illegal activities, solicits passwords or personal identifying information for commercial or illegal purposes from other users, harasses or advocates harassing behavior, is false or misleading or advocates any of the foregoing, and does not consist of or contain Invasive Software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam, or uses any unfair, misleading or deceptive practice to draw traffic

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, other method of payment, or other Content. Common Media reserves the right (but not the obligation) to remove or edit such Content but does not regularly review posted Content.

You represent and warrant that: (i) you own or have all the necessary licenses, rights, consents, and permissions to transfer to Common Media all patent, trademark, service mark, trade secret, copyright or other proprietary rights in and to any and all Content that you post or upload onto any part of the Websites; (ii) you have the appropriate and valid written consent, release, and/or permission of each identifiable individual person in the Content you post or upload onto any part of the Websites to use the name or likeness of each such identifiable individual person; (iii) no Content you post or upload onto any part of the Websites shall defame any third party or infringe upon or violate any other rights of any third party including, but not limited to, any patent, trademark, service mark, trade secret, copyright, contractual right, right of publicity, right to privacy, or any other proprietary right; (iv) you have not and shall not act, or omit to act, in any manner that conflicts or interferes with any existing commitment, agreement, fiduciary obligation or other obligation of yours and that any existing or future commitment, agreement, fiduciary obligation or other obligation will not interfere with your obligations under this Agreement; and (v) the Content you provide is complete, accurate, true, reliable, error-free, and current.

For all Content you post or upload to these Websites, you hereby grant in perpetuity to Common Media all right, title, and interest in and to the Content and agree that Common Media shall own the Content free and clear and shall have the right to use the Content in any manner and in any form it chooses including, without limitation, the promotion, distribution or sale to a third party of some or all of the Content, the Websites, and/or the Services provided (and derivative works from all thereof) and for use in any media formats now known or hereafter invented and through any media channels. You grant Common Media, Affiliated Businesses and sublicensees the right to use the name that you submit in connection with such Content, if they choose.

In our efforts to improve and enhance products, Content, and Services and provide new ones, the form and nature of the product, Contents, or Services provided may change from time to time without prior notice to you. We may stop providing certain products, Contents, and Services at our sole discretion also without prior notice to you.

Common Media reserves the right (but has no obligation) to prescreen, review, flag, filter, modify, refuse or remove any or all Content and Services. You understand that by using the Content and Services provided by these Websites, you may be exposed to Content that you might find inaccurate, inappropriate, offensive, indecent, or objectionable and that, in this respect, you use the Content and Services provided in these Websites at your own risk and that Common Media assumes no responsibility or liability for any such Content. Common Media takes no responsibility and assumes no liability for any Content posted by you or by any third party.

Common Media reserves the right, but has no obligation, to monitor disputes between you and other users. Without limiting other available remedies, Common Media and its affiliates may immediately warn others of your actions or failures to act, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and refuse to provide any Content or Services to you if: (i) you breach this Agreement or the agreements or documents incorporated by reference hereto; (ii) we are not able to authenticate or verify any of the information you provide to us; or (iii) we believe, in our sole judgment, that your actions, or failures to act, may cause financial loss, harm or injury in any manner, or legal liability to you, us, or other users.

Common Media and Affiliated Businesses reserve the right to refuse Services, terminate accounts, remove or edit Content, or cancel orders at their sole discretion.

7. Risk of Loss

All items purchased from Common Media and these Websites are made or furnished pursuant to a shipment contract. The risk of loss and title for such items passes to you upon delivery to the carrier. We expressly deny any representations or warranties, express or implied, as to the actions, products, Services and Content of all Affiliated Businesses and any other third parties. You should carefully review their privacy statements and their terms and conditions of use.

8. Product Descriptions

Common Media and these Websites attempt to be as accurate as possible. However, Common Media does not warrant that descriptions of products or services or that other Content of these Websites is accurate, complete, reliable, current, or error-free. If a product offered by Common Media itself (and not by Affiliated Businesses) is not as described, your sole remedy is to return it in an unused condition. We expressly deny any representations or warranties, express or implied, as to the actions, products, Services and Content of all Affiliated Businesses and any other third parties. You should carefully review their privacy statements and their terms and conditions of use.

9. Pricing

Except where noted otherwise, the List Price displayed for products on these Websites represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by an Affiliated Business, the List Price may be provided by that Affiliated Business.

Regarding items sold by Common Media and these Websites, we cannot confirm the price of an item until you order: however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

- If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item’s correct price is greater than our stated price, we will, at our discretion, either contact you for instructions prior to shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Common Media and these Websites and NOT to products or services sold or shipped by Affiliated Businesses. Your purchases from Affiliated Businesses may be subject to different terms and conditions than the ones posted here. We expressly deny any representations or warranties, express or implied, as to the actions, products, Services and Content of all Affiliated Businesses and any other third parties. You should carefully review their privacy statements and their terms and conditions of use.

10. Affiliated and Other Businesses

Parties other than Common Media may operate stores, provide services, or sell products on these Websites. In addition, we provide links to the websites of Affiliated Businesses and certain other businesses and organizations for your convenience only, and you access them at your own risk. We are not responsible for examining or evaluating their products, Services, Content, or operations, and we do not warrant, guarantee, or approve the offerings of any of these parties or the Content of their websites. Common Media and these Websites do not assume any responsibility or liability for the actions, products, Services, and Content of all these and any other third parties. We expressly deny any representations or warranties, express or implied, as to the actions, products, Services and Content of all these and any other third parties. You should carefully review their privacy statements and terms and conditions of use.

Common Media has business relationships with numerous participants in order to provide services. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

11. Mobile Services

These Websites may provide certain services that may be available via a mobile phone or other communications device (“Mobile Services”). In addition to the terms and conditions that may or may not be part of the Services that we provide, your carrier may assess charges and have terms and conditions of use that will apply to you. You should check with your carrier to determine their charges and the terms and conditions of service that they impose on you. By using Mobile Services, you agree that we may communicate with you regarding your activities with us by SMS, MMS, text-message, or other electronic means to your mobile phone or other communications device and that certain information about your usage of the Mobile Services will be communicated between us and your carrier. We expressly deny any representations or warranties, express or implied, as to the actions, products, Services and Content of all Affiliated Businesses and any other third parties. You should carefully review their privacy statements and their terms and conditions of use.

12. Disclaimer of Warranties and Limitation of Liability

THESE WEBSITES ARE PROVIDED BY COMMON MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMON MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THESE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE WEBSITES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMMON MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMMON MEDIA DOES NOT WARRANT THAT THESE WEBSITES, THEIR SERVERS, OR EMAIL ARE FREE OF INVASIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. COMMON MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE WEBSITES, OR WEBSITES, PRODUCTS, AND SERVICES OF AFFILIATED BUSINESSES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

By using these Websites and/or posting materials, you agree to indemnify Common Media, its officers, directors, employees, successors, agents, and affiliates for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any Content that is provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in Common Media’s defense and/or settlement of any claim. Common Media reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

The information contained in these Websites is for general guidance on topics selected by Common Media. Such information is provided on a blind-basis, without any knowledge as to you, your identity or your specific circumstances. There may also be delays, omissions, or inaccuracies in information contained in these Websites. The information on these Websites is provided with the understanding that Common Media and various authors and publishers providing such information does not constitute the rendering of legal, accounting, tax, investment, insurance, career, medical, health or other professional advice or services. As such, information on these Websites should not be relied upon or used as a substitute for consultation with professional advisors.

COMMON MEDIA’S WEBSITES MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. COMMON MEDIA DOES NOT REPRESENT, WARRANT OR ENDORSE THE ACCURACY, CURRENTNESS, COMPLETENESS, VALIDITY OR RELIABILITY OF ANY CONTENT, SERVICES, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THESE WEBSITES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATION, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, COMMON MEDIA DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR ANY MERCHANDISE, PRODUCTS, CONTENT OR SERVICES OFFERED OR PROVIDED BY AFFILIATED BUSINESSES OR OTHER SUPPLIERS.

EXCLUSION OF DAMAGES
NEITHER COMMON MEDIA, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATED BUSINESSES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE WEBSITES, WEBSITES OF AFFILIATED BUSINESSES OR OTHER THIRD-PARTIES OR CONTENT AND SERVICES CONTAINED ON THESE WEBSITES AND WEBSITES OF AFFILIATED BUSINESSES AND OTHER THIRD-PARTIES OR FROM PRODUCTS AND SERVICES PURCHASED EVEN IF COMMON MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY

IN NO EVENT SHALL COMMON MEDIA’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THESE WEBSITES, WEBSITES OF AFFILIATED BUSINESSES OR OTHER THIRD-PARTIES OR PARTICIPATION IN THE PROVIDED SERVICES OR FROM PRODUCTS AND SERVICES PURCHASED, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE MAXIMUM AMOUNT OF YOUR ORDER OR ACCOUNT AT THE TIME THE CLAIM ARISES OR, IN THE EVENT OF NO SUCH ORDER OR ACCOUNT, US$100.00.

13. Applicable Law

By visiting these Websites, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Common Media.

Common Media operates these Websites from its offices within the United States. Common Media makes no representation that the Content and Services on these Websites are appropriate or available for use outside the United States. Those who choose to access these Websites from outside the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. The application and impact of relevant laws will vary from jurisdiction to jurisdiction.

You agree not to use the Websites or download, export, or re-export any portion of the Websites, including any and all Content and Services thereon, in violation of the export regulations of the United States of America. You specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

14. Disputes

To the extent you have in any manner violated or threatened to violate Common Media’s intellectual property rights, Common Media may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts.

You consent to personal and exclusive jurisdiction and venue in the state or federal courts located in the State of Massachusetts, U.S.A.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement and the use of the Content and Services provided on the Websites must be filed within one (1) year after such claim or cause of action arose or be forever barred.

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE TRIAL BY JURY IN ANY LAWSUIT OR OTHER PROCEEDING.

TO THE EXTENT ALLOWED BY LAW, YOU AGREE NOT TO PURSUE DISPUTES BY EITHER JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANY OTHER PERSON OR ENTITY IN ANY LAWSUIT OR OTHER PROCEEDING.

15. Site Policies, Modification, Severability, and General Legal Terms

Please review our other policies, such as our Privacy Policy. This Agreement, (which includes, but is not limited to, our Privacy Policy, and any additional terms, conditions, rules or regulations posted on the Websites) constitutes the entire agreement between you and Common Media and govern your use of the Websites and the Content and Services provided superceding any prior agreements between you and Common Media. You may be subject to additional terms and conditions when you use the Content and Services of Affiliated Businesses and other third-parties.

We reserve the right to make changes to the Websites, policies, and this Agreement at any time with or without notice. If any of these terms and conditions shall be deemed illegal, invalid, or for any reason unenforceable, such term or condition shall be deemed severable and shall not affect the legality, validity and enforceability of any remaining term or condition. Headings are meant for convenience only. You agree that if Common Media does not exercise or enforce any legal right or remedy under the terms of this Agreement, such failure to exercise or enforce such right or remedy does not constitute a waiver of the right of Common Media to do so in the future, and the remaining terms and conditions of the Agreement will remain in effect.

Our Address

Common Media, Inc.
27 Hillsdale Road
Medford, MA 02155
www.commonmediainc.com

Intellectual Property Infringement Claims

If you believe that your work has been copied in a way that constitutes intellectual property infringement, please provide Common Media’s General Counsel with the information specified below. Please note that this procedure is exclusively for notifying Common Media that your intellectual property has been infringed.

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
2. A description of the intellectual property that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Websites, with any identifying information, if applicable;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property or authorized to act on such owner’s behalf.

Please send your notice of claim of intellectual property infringement to:

General Counsel
Common Media, Inc.
27 Hillsdale Road
Medford, MA 02155

GenCounsel@commonmediainc.com
Phone: 413-320-1605
Fax: 866-354-9696