LPGA AMATEURS VIRTUAL COMMUNITY TERMS OF USE
Effective Date: June 20, 2023

A. Introduction and Agreement

The LPGA Amateurs Virtual Community (the “Platform”) is a virtual community platform that is made available to active members (“Member(s)”) of the LPGA Amateur Golf Association program (the “Program”) by the Executive Women’s Golf Association, Inc. d/b/a LPGA Amateur Golf Association (the “Association”). The Platform is hosted by Breezio, Inc. (“Breezio”) on a network determined by Breezio (the “Network”).

Please read these terms of use (the "Agreement") carefully before entering the Platform or using any of the services or functionality that are part of the Platform (collectively, the "Services").

Personal information that is collected or processed through the Services is provided to and accessible by both the Association and Breezio and will be governed by their respective privacy policies. Please review the Association’s Privacy Policy and Breezio Privacy Policy, which are each incorporated into this Agreement.

In addition, the LPGA Amateur Golf Association Member Terms and Conditions and the LPGA Amateur Golf Association Code of Conduct apply to all Members, including with respect to their use of the Services, and are incorporated into this Agreement.

By using or accessing the Services, you (i) represent and warrant that you have read this Agreement, including, without limitation, the Platform Usage Rules in Section C and the disclaimers and liability release in Section D.5; (ii) fully understand the terms of this Agreement; and (iii) agree to be legally bound by the terms of this Agreement. If you do not agree to all the terms of this Agreement, do not use the Services.

B. Content

The information, data, posts, messages, communications, materials, files, links, and all other content that are part of, uploaded, incorporated, or input into, or otherwise processed using the Platform or Services are referred to herein as “Content”. Member profile information and all other Content that is uploaded, incorporated, or input into the Services by or on behalf of a Member constitutes “Member Content”. Content that is owned or controlled, or is otherwise uploaded or input into the Services, by or on behalf of the Association constitutes “Association Content”. Content that is owned or controlled by Breezio, including Content that is part of or embodied in the Platform applications and software provided by Breezio, or is otherwise uploaded, incorporated, or input into the Services, by or on behalf of Breezio constitutes “Breezio Content”.

The Association and Breezio reserve the right to add, remove, or edit the Content in the Platform at any time and for any reason, including, without limitation, due to Platform Usage Rules violations, in their sole discretion.

C. Platform Usage Rules

1. Platform Usage Rules

The Association and Breezio ask that you act respectfully within the Platform at all times. Each Platform user is responsible for all of their activity in connection with using the Services and accessing the Platform and must comply with the following “Platform Usage Rules”:

Platform Usage Rules

1. Content, including all posts, messages, replies, comments, pictures/videos, and other communications within the Platform, should be Program and golf related – i.e., related to Program events, Program partners, playing and practicing, golf purchases, or news and advice on the golf topics at hand.

2. Please make sure that all Content and interactions within the Platform are positive, kind, respectful, and in the best interests of the Program.

- While we value your opinions, we will not tolerate Platform users being negative, unkind, or disrespectful towards one another or towards or regarding any other individual or organization, including Chapters, the Association, and the Ladies Professional Golf Association.

- Platform users are expected to verify facts and information before sharing them or posting opinions about them. Please do not share any facts or information about or on behalf of the Association or any Chapter without first confirming it is correct and getting appropriate permission. Please reach out to membership@lpgaamateurs.com with any questions at any time.

- Spreading or implying anything that is or could be inaccurate, misleading, designed to provoke negativity, or otherwise not in the best interest of the Program is not permitted and any such Content may be removed, in the Association’s discretion.

3. DO NOT USE THE PLATFORM TO HANDLE ISSUES OR DISPUTES:

- All interactions on the Platform need to be constructive conversations.

- Any issues or disputes should be addressed outside of the Platform with direct personal communication. Grievances should not be publicly aired on the Platform.

- Contact membership@lpgaamateurs.com directly if you have any concerns with this rule.

4. Promoting, soliciting, fundraising, advertising, or distributing any material for a Member’s own business, services, or other financial benefit or personal interest is not permitted. This includes, but is not limited to, sending unsolicited or bulk communications (e.g., spam) and/or referencing or linking to Instagram handles, YouTube content, blogs, affiliate links, products or services for purchase, research papers, webinars, articles, resumes, job postings, conventions, conferences, or other events. The Association reserves the right, in its discretion, to remove these items, particularly if a Member has demonstrated a history of posting self-promoting materials and/or only contributes when they have a self-serving item to post.

5. Endorsing or promoting any local, state, or federal candidates for political office is not permitted. Neither is encouraging boycotts. These limits are because of IRS restrictions for tax-exempt organizations.

6. Respect others’ privacy at all times. Platform users may not reproduce or re-post any other person’s Content externally or on any other forum without explicit written permission from that person. Belonging to this Program community requires mutual trust. Authentic, expressive discussions may also be sensitive and private. We request personal information that is shared stay in its intended forum and context.

7. Do not behave unacceptably. Unacceptable behaviors will not be tolerated and include, but are not limited to:

a. Bullying, personal attacks, or any other harmful, prejudicial or degrading verbal or written comments or visual or audio material, including about things such as politics, race, nationality, religion, culture, sexual orientation, gender, disability, identity or other personal characteristics

b. Intimidating, harmful, harassing, hateful, prejudicial, abusive, profane, threatening, offensive, discriminatory, fraudulent, defamatory, libelous, derogatory, degrading, demeaning, or illegal speech or actions

i. For clarity, the Platform may not be used to solicit or disseminate information having to do with, or to conduct any activity relating to, illegal substances, pornography, gambling, spreading computer viruses, software infringement, trafficking in credit card codes, price-fixing, illegal boycotts, or other crimes

c. Knowingly posting any false, inaccurate, or misleading material

d. Inappropriate use of nudity and/or sexual images

e. Creating a false identity or impersonating another person

f. Intimidation or stalking

g. Photographing or recording Content, discussions, or interactions without permission

h. Sustained disruption of discussions, interactions, or other Platform activity

i. Unwelcome and uninvited attention or contact

j. Any actual or implied threat of physical harm or of professional, reputational, or financial harm

k. Any action, communication, or solicitation designed or intended to obtain password, account, or private information from any other user without their knowledge and consent

l. Using the Services in a way that is intended to or actually violates the security of any computer network, cracks passwords or security encryption codes, transfers or stores illegal material, or furthers or facilitates any other illegal activity

8. Do not post or otherwise upload, input or incorporate into the Platform any Content that: (a) is protected by copyright without the permission of the copyright owner, (b) reveals any trade secret, unless the user owns the trade secret or has the owner’s permission to post it, (c) violates, infringes or interferes with any copyright, trademark or other intellectual property right of another or the privacy or publicity rights of another, (d) is intimidating, harmful, harassing, hateful, prejudicial, abusive, profane, threatening, offensive, discriminatory, fraudulent, defamatory, libelous, derogatory, degrading, demeaning, or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after the user has been notified that such Content violates any of sections (a) to (e) of this sentence.

These Platform Usage Rules are non-exhaustive: violations of the spirit of these Platform Usage Rules are not allowed.

If you are unsure whether Content or behavior is consistent with these Platform Usage Rules, please err on the side of caution and do not post the Content or engage in the behavior. If there are any questions on what Content or behavior is appropriate to post, please contact the Community Manager ###b###a href="mailto:membership@lpgaamateurs.com">membership@lpgaamateurs.com.

If you come across anything on the Platform that looks like it violates the Platform Usage Rules, please let us know. All comments, concerns, and notices of violations of the Platform Usage Rules can be made to membership@lpgaamateurs.com. All reports will be kept confidential if possible.

2. Consequences for Violating Platform Usage Rules

Taking action against one of our Members is something the Association would like to avoid, but it may be necessary in order to protect the experience we strive to provide for all Members.

Violations of the Platform Usage Rules by any Platform user will not be tolerated. Anyone asked to stop behavior that violates the Platform Usage Rules is expected to comply immediately. If a Platform user violates the Platform Usage Rules, Association or Breezio representatives may take one or more of the following measures, in their discretion, depending upon the severity of the violation, any harm caused, and any other relevant circumstances:

- Remove, edit, or replace the Content that is in violation

- Re-post any Content that was removed by the user

- Remove the user from the applicable discussion or group

- Suspend or terminate the user’s access to the Services, deactivate the user’s Platform profile, and/or remove the user’s Platform account

- Initiate consequences under the LPGA Amateur Golf Association Code of Conduct

- Suspend or terminate membership under the LPGA Amateur Golf Association Member Terms and Conditions

- Report behavior to local law enforcement

- Pursue any other remedy or relief available under equity or law

3. Platform Recommendations

ASK QUESTIONS

The more focused and specific your question the better the response.
State the topic of conversation clearly.
Avoid asking multiple questions in one post.
Opinions on golfing subjects are welcome if they are identified as opinions, but you should not present an opinion solely to promote contention.
We recommend posts be up to three paragraphs or shorter.
Include context for questions or discussion topics.

BRING VALUE TO THE CONVERSATION AND COMMUNITY

Be a generous contributor. Please connect and engage with those around you.
Share golf-related best practices.
Make a conscious effort to share your expertise with those who ask questions.
Post discussions in a constructive, positive, conversational manner in a way that builds up others and the community.
Choose the appropriate forums and discussions for the topics you would like to discuss.
Don’t distract or redirect conversations. If your response brings in a different topic, consider starting a new thread on that topic.
Don’t make comments that are not relevant to the current topic. Please direct “thank you” notes as private messages.

SHARE COMMUNITY FOCUSED RESOURCES

Share learnings, questions, resources, and the fun!
Include context around why you're sharing resources with the community.

D. Legal Terms

1. Access to the Services

Subject to the terms and conditions of this Agreement, the Association and Breezio will make the Services available to Members. The Services and Content are intended solely for the use of Members and may only be used in accordance with the terms of this Agreement. The Association and Breezio reserve the right to terminate access to the Services by, and deactivate the Platform profile and/or remove the Platform account of, any individual that is no longer an active member in the Program.

The Association or Breezio may change, suspend, limit, or discontinue the Services at any time, including the availability of any feature, functionality, application, or Content, with or without notice and without liability.

Access to the Content may not be legal by certain persons or in certain countries. Platform users accessing the Platform from outside the United States, do so at their own risk and are responsible for compliance with the laws of their jurisdiction. This Agreement is void where prohibited by law, and the right to access the Services are revoked in such jurisdictions.

Breezio will make reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Network and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Breezio to minimize such disruption where it is within Breezio's reasonable control.

All Platform users agree that neither the Association, Breezio nor the Network will be liable in any event to any Platform user or any other party for any suspension, modification, discontinuance, or lack of availability of the Services or any Content. Breezio retains the right to create reasonable limits on use and storage in its sole discretion at any time with or without notice.

2. Agreement Updates

The Association and Breezio reserve the right, at their discretion, to modify this Agreement at any time by posting a revised version of this Agreement within the Platform. Members shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services following such modification constitutes acceptance of the terms and conditions of this Agreement as modified.

3. User Responsibilities and Certifications

Platform users agree to provide for their own access to the internet and all related equipment necessary to connect to the internet, and to pay all associated service and access fees.

All Platform users certify to the Association and Breezio that they are an individual (i.e., not a corporate entity) of at least 18 years of age. No one under the age of 18 may be a Member or provide any personal information to or on the Platform (including, for example, a name, address, telephone number or email address).

All Platform users also certify that they are legally permitted to use the Services and take full responsibility for their use of the Services and all Content that they upload, input, or incorporate into the Platform. Platform users agree that their use of the Services and all Content that they upload, input, or incorporate into the Platform will comply with this Agreement, including the Platform Usage Rules, and all applicable laws and regulations.

4. Content Ownership, Use and Licenses

a. Breezio Content

All pre-existing intellectual property displayed, performed, or incorporated in the Platform applications and software provided by Breezio, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, code, software or source code, audio and video, and animations (excluding Association Content or Member Content) is Breezio Content and is the property of Breezio and/or third parties and is protected by United States and international copyright laws. All related trademarks, service marks, and trade names (excluding trademarks, service marks, and trade names owned or licensed by the Association or any Member) are proprietary to Breezio and/or third parties. All Platform users agree that all Content that they contribute to the Services is perpetually and irrevocably licensed to Breezio under the Creative Commons Attribution Share Alike license.

b. Platform Content Use

Breezio, the Association and all Platform users shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Platform users may download or copy Content through the Platform, solely for personal, private, noncommercial use, provided that the user maintains all copyright and other notices contained in such Content and complies with the Platform Usage Rules at all times. Any other downloading, copying, or storing of any Content is expressly prohibited without prior written permission from the copyright owner and all other parties with rights in or to the Content.

c. Content License

All Platform users grant the Association and Breezio the perpetual and irrevocable, royalty-free, non-exclusive right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store the Content that they upload, input, or incorporate into the Platform and to allow others to do so in any medium now known or hereinafter developed ("Content License") in order to provide the Platform and the Services and in connection with Program operations, even if such Content has been contributed and subsequently removed by a user. In addition, the Platform user grants the Association, Breezio and other Platform users using the Platform a perpetual and irrevocable, royalty-free, nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such Content with respect to their own use of the Platform, subject in all cases to the Platform Usage Rules.

Each Platform user warrants, represents, and agrees that it has the right to grant the rights set forth above and that it will not upload, input, or incorporate into the Platform any Content that violates the Platform Usage Rules. By posting Content, the user warrants and represents that he or she owns or has secured appropriate rights or permissions from the owners of all intellectual property rights in and to such Content to use such Content within the Platform and to grant the rights set forth above.

5. Disclaimers and Liability Release

The Association is a nonprofit and, by definition, non-political organization, and the Program is an inclusive amateurs’ golf program that values the opinions of all Members. The Platform is provided for the benefit of all Members, and we ask for respect for other Members, their beliefs, and their opinions. Members are not authorized Association spokespersons, and Members’ beliefs and opinions shared within the Platform do not reflect those of the Association or the Ladies Professional Golf Association. With respect to the Platform and Services, the Association and Breezio are providers of an interactive computer service as intermediaries of third-party content, as defined in Section 230 of the Communications Decency Act. The Association and Breezio are merely providing neutral tools. With the exception of communications (e.g., informational posts and educational content) directly by the Association within the Platform, the Association does not materially contribute to any content on the Platform.

By using the Platform, all users acknowledge the nature of the Platform and the possibility of encountering a variety of viewpoints and behaviors within the Platform. All users should use caution when sharing any personally identifying information about themselves or any acquaintances through the Platform.

While the Association and Breezio reserve the right to monitor the Platform and enforce the Platform Usage Rules, we are not under an obligation to do so. All Platform users acknowledge that the Association and Breezio do not control or endorse, are not responsible for, and have no duties with respect to the Content posted on the Platform or the behaviors of Platform users. All Platform users further acknowledge that individual users are responsible for their own Content and behavior.

The Association and Breezio cannot verify the accuracy of Content or guarantee that any Content has been submitted with the permission of any owner or is otherwise in compliance with this Agreement. The Association and Breezio make no representations or warranties concerning any Content contained in the Platform or accessed through the Services and are not responsible or liable for the accuracy, copyright compliance, legality, or decency of such Content.

Although Breezio and the Association will make reasonable efforts to store and preserve the Content residing within the Platform, neither Breezio nor the Association is responsible or liable in any way for the failure to store, preserve or access Content that users transmit or archive within the Platform. All Platform users are strongly urged to take measures to preserve copies of any data, material, content, or information that they post or upload to the Platform.

The Platform and Services are provided on an "as is" basis, without representations or warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. All Platform users acknowledge that the Association and Breezio make no representations or warranties that the use of the Platform or Services will (a) be timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, (b) meet users’ requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

To the fullest extent permitted by law, the Association and Breezio specifically disclaim any and all representations, liabilities and warranties with regard to the Platform, Services and Content and any actions resulting from users’ use of the Platform, Services or Content, including, without limitation, with respect to the accuracy, reliability, availability, completeness, legality or operability thereof. Any individual who acts in reliance on any Content obtained from the Platform does so at the individual’s sole risk and liability.

From time to time, the Association may make or authorize items to be available for purchase within the Platform. If any Platform user makes a purchase through the Services at any time, the user may be asked by the merchant or information or service provider from whom the user is making the purchase from, to supply certain information including credit card or other payment mechanism information. The user agrees not to hold the Association, Breezio, or any such merchant or information or service provider liable for any loss or damage of any sort incurred as a result of any such transactions through the Services. The user agrees that all information the user provides any merchant or information or service provider through the Services for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Services set their own prices and may change prices or institute new prices at any time. The user agrees to pay all charges incurred by the user’s account and credit card or other payment mechanism at the prices in effect when such charges are incurred. The user will also be responsible for paying any applicable taxes relating to purchases through the Services.

LIABILITY RELEASE: By using the Services, each Platform user acknowledge that the Association, Breezio, their respective related companies and service providers, and all of their respective employees, agents and representatives (collectively, the “Released Parties”) are not responsible or liable for, and each Platform user hereby releases the Released Parties from and against, any and all harms, damages, liabilities and losses arising from (1) use of the Services or Platform; (2) download or use of Content; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of Content; (4) the temporary or permanent inability to access or retrieve any Content, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to all users.

6. Third party websites

Platform users may gain access to third party sites on the internet through hypertext or other computer links through the Platform. Third party sites are not within the supervision or control of the Association or Breezio. Unless explicitly otherwise provided, neither the Association nor Breezio makes any representation or warranty whatsoever about any third party site that is linked to or within the Platform, or endorses the products or services offered on such third party site. Platform users should review any applicable terms or privacy policy of a third party site or platform application before using it or sharing any information with it.

The Association and Breezio disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information users might be requested to give any third party, and each Platform user hereby irrevocably waives any claim against the Association or Breezio with respect to such sites and third party content.

7. Account Registration, Access, Management and Security

The Association, Breezio and Platform users agree to make best efforts to adhere to the following Platform registration and account management procedures:

- A Platform account and profile will be created for each Member using the Member’s information on file in the Member Clubhouse.

- The Platform will be accessible via the Member Clubhouse and utilize single-sign-on with the Member Clubhouse.

- Members should make any updates to their names and contact information directly in the Member Clubhouse. Updated information in the Member Clubhouse will be synchronized into the Platform within approximately 2 business days.

- Members can update all other Platform profile information, including what information is displayed and what information is hidden, at any time directly in the Platform using the profile settings.

- If Members encounter any difficulty with these procedures, or if special circumstances arise, Members can contact membership@lpgaamateurs.com for assistance.

Platform users agree to provide and maintain accurate, complete, and updated information within the Member Clubhouse and their Platform profile. Platform users may not create multiple Platform accounts or profiles. Users may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than the user without appropriate authorization.

The Association and Breezio reserve the right to remove or modify any account, including the profile name or other profile information, that they determine to be in violation of this Section 7 in their discretion, in addition to taking any other measures under Section C.2 with respect to Platform Usage Rule violations.

Platform users shall be responsible for maintaining the confidentiality of all passwords and other account credentials used to access the Platform. Each Platform user is solely responsible for any use of, or action taken under the user’s password and accepts full responsibility for all activity conducted through the user’s account and agrees to and hereby releases the Association and Breezio from any and all liability concerning such activity. Each Platform user agrees to notify the Association and Breezio immediately of any actual or suspected loss, theft, or unauthorized use of the user’s password or account. Breezio will take reasonable security precautions when using the internet, telephone, or other means to transport data or other communications, but the Association and Breezio expressly disclaim any and all liability for the accessing of any such data communications by unauthorized persons or entities.

8. Indemnity

Each Platform user will indemnify and hold the Association and Breezio, their related companies, and all of their respective directors, officers, employees, representatives and agents harmless, including costs and attorney's fees, from any claim or demand made by any third party due to or arising out of the user’s access to the Platform, use of the Services, violation by the user, or any third party using the user’s account, of this Agreement, or infringement by the user, or any third party using the user’s account, of any intellectual property or other right of any person or entity.

9. Limitation of liability

In no event shall the Association, Breezio, their related companies, or any of their respective directors, officers, shareholders, employees, representatives of agents be liable with respect to the Platform, Services or any Content for (a) any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Content or other intangibles; (c) damages for unauthorized use, non-performance of the Network, errors or omissions; or (d) damages related to downloading, posting or using Content. Each of the Association’s and Breezio’s collective liability under this agreement shall be limited to two hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to all users.

10. Termination

Platform users are free to stop using the Services at any time. Users that wish to delete their account may do so by contacting membership@lpgaamateurs.com. The Association and Breezio may also terminate or suspend any and all Services and access to the Platform immediately, without prior notice or liability, if a user breaches any of the terms or conditions of this Agreement. Upon termination of a user’s account, the user’s right to use the Services, access to the Platform, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of a user’s access to and use of the Services shall not relieve the user of any obligations arising or accruing prior to such termination or limit any liability which the user may otherwise have to the Association or Breezio, including without limitation any indemnification obligations contained herein.

11. Miscellaneous

This Agreement (including the Association’s Privacy Policy, Breezio Privacy Policy, LPGA Amateur Golf Association Member Terms and Conditions and the LPGA Amateur Golf Association Code of Conduct), as modified from time to time, constitutes the entire agreement between the Association, Breezio and Platform users with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Association and Breezio shall not be liable for any failure to perform their obligations hereunder where such failure results from any cause beyond their reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by any Platform user except with the Association’s and Breezio's prior written consent. The Association and Breezio may assign this Agreement in whole or in part at any time without Platform users’ consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and no Platform user has any authority of any kind to bind the Association or Breezio in any respect whatsoever. Any notice that a Platform user is required or permitted to send by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to membership@lpgaamateurs.com and info@breezio.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to LPGA Amateurs, 100 International Golf Drive, Daytona Beach, FL 32124 Attn: Membership Services and Breezio Inc., 30 West Gude Drive, #150, Rockville, MD 20850 Attn: Legal Dept.

12. Copyright Policy

Breezio has adopted the following policy toward copyright infringement with respect to the Network in accordance with the Digital Millennium Copyright Act. The address of Breezio's Designated Agent for copyright takedown notices ("Designated Agent") is listed below.

Designated Agent: Attn: Copyright Agent, Breezio, Inc., 701 Emerald Hill Dr NE, Leesburg, VA 20176, Email: info@breezio.com

Reporting Copyright Infringements

If you believe that Content residing or accessible within the Platform infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below (all received notices will be posted in full to Chilling Effects Clearinghouse):

Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Breezio is capable of finding and verifying its existence.
Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
The Notifying Party's physical or electronic signature.

After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Breezio shall:

Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed on the Platform.
Breezio will then immediately notify the Association and the individual responsible for the allegedly infringing material (the user) that it has removed or disabled access to the material.
Breezio reserves the right, at its discretion, to immediately terminate the account of any Platform user who is the subject of repeated takedown notices.

Filing Copyright Counterclaims

A user who believes they are the wrongful subject of a copyright takedown notice may file a counter notification with Breezio by providing the following items in writing to the Designated Agent at the address below (all received notices will be posted in full to Chilling Effects Clearinghouse):

The specific URLs of material that Breezio has removed or to which Breezio has disabled access.
User's name, address, telephone number, and email address.
A statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
The user’s signature.

Upon receipt of a counterclaim, Breezio will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Breezio does not receive any such notification within 10 days, we may restore the material to the Network