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Frequently Asked Questions

  • Terms of Service

    These Terms of Service are loosely based on the excellent plain-language Terms of Service drafted by the folks at The Obvious Corporation for Medium.

    This is a contract between you and Gelman Media LLC ,applicable when you use the Tembow site, services, and products.

    Please read these Terms carefully before you use Tembow. If you have questions or comments about the Terms, please email us at help [at] tembow.com.

     

    1. What We Mean When We Say...

    To keep from having to type long lawyerly word chains over and over, these Terms use some short-hand expressions. So when we say:

    • “Site”, we mean tembow.com;
    • “Tembow Services”, we mean tembow.com along with all the other domains, products, applications, services, and content provided by Gelman Media LLC under the Tembow brand name;
    • “Agreement”, we mean these Terms of Service, a.k.a. the document you are eyeballing right now;
    • “Tembow”, “we”, or “us”, we mean Gelman Media LLC, a Delaware limited liability company, collectively with its agents, consultants, employees, officers, and directors;
    • “Subscriber” or “you”, we mean you, whether you are a person or acting on behalf of an entity you are authorized to bind;
    • “Content”, we mean any creative expression including video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through Tembow Services; and
    • “Subscriber Content”, we mean all Content that is posted or otherwise provided or transferred to Tembow Services by a Subscriber, including you.

     

    2. Accepting the Terms of Service

    Please read these Terms of Service and any other policies we have posted, our Privacy Policy, and our Tembow Rules carefully before using tembow.com or the other Tembow-branded domains, products, services, applications, or content provided by us. By using Tembow Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't use Tembow Services – in fact, unless you agree, we can’t even let you to use them. Sorry, that’s how it’s got to be.

     

    3. Modifications to this Agreement

    Tembow reserves the right, in our sole discretion, to modify this Agreement at any time by posting a revised Agreement through Tembow Services and by providing notice to you that this Agreement has changed, generally via e-mail where practical, and otherwise through Tembow Services themselves. For example, if we do not send you a notice via email, we might provide a notification that appears when you log in or return to tembow.com.

    When you see a modification alert, it’s important to review and familiarize yourself with the changes. Modifications become effective as soon as they are posted, so using Tembow Services after the posting and notice of a modification constitutes your acceptance of the terms and conditions of this Agreement as modified.

     

    4. Use of Tembow Services

    Eligibility

    Tembow Services are intended for use by adults. No one under the age of thirteen (13) may use Tembow Services or provide any information to Tembow or to anyone else through Tembow Services, including name, address, telephone number, and email address. In addition to the age requirement, you may only use Tembow Services if you are able, legally speaking, to form a binding contract with Tembow and are not legally prohibited from using Tembow Services. By using Tembow Services, you represent and warrant that (a) all account information you submit to us is truthful and accurate and that you will maintain the accuracy of such information and (b) your use of Tembow Services does not violate any applicable law or regulation. Your account may be deleted without warning if we have reason to believe that you do not meet these eligibility requirements.

    Service Changes and Limitations

    Tembow Services change frequently, and their form and functionality may change without telling you first. Tembow retains the right – in our sole discretion, at any time, with or without notice – to place limits on the use of Tembow Services. We may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of Tembow Services without notice or liability. Tembow may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. Tembow may also suspend Accounts at any time, in its sole discretion.

    Limitations on Automated Use

    Here’s a set of things Subscribers, or anyone else, aren't allowed to do while using Tembow Services. Automated processes generally do these things. If you do one of these things, we will almost definitely suspend or terminate your Account, and in any case you will have broken this Agreement with us.

    So, please:

    (a) Don’t probe, scan, or test our systems or networks, or otherwise attempt to breach or circumvent any security or authentication measures. This includes well-intentioned testing for vulnerabilities; please contact us first if you want to help us do that.

    (b) Don’t access or search or attempt to access or search Tembow Services by means other than Tembow’s currently available, published interfaces, pursuant to our terms and conditions. Other modes of access or search are OK only if we have specifically allowed it in a separate agreement, or if it’s permitted by Tembow's robots.txt file or other robot exclusion mechanisms.

    (c) Don’t scrape Tembow Services. In particular, don’t scrape Content from Tembow Services, without our express prior written consent.

    (d) Don’t use the Services to send altered, deceptive, or false source-identifying information. For example, don’t use tembow.com to send forged packet or email headers.

    (e) Don’t interfere with or disrupt the access of any Subscriber, host or network. That includes things like sending a virus to, spamming, or overloading Tembow Services. It also includes the scripted use of Tembow Services in a way that interferes with, or creates an undue burden on, our systems.

    (f) Don’t publish Content from Tembow by means other than as specifically approved. If you have a question about this, ask us. But if you’re scraping (see above) or cutting-and-pasting Content, you’re doing something wrong.

    (g) Do keep your password a secret. You are responsible for all use of your account.

    (h) Don’t sign up  for more than one account without permission from us.

    (i) Don’t post any Content that:

    1. is offensive or promotes racism, bigotry, hatred or physical harm of any kind;
    2. harasses or advocates harassment of another person;
    3. involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing or “spamming”;
    4. is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities;
    5. infringes the Intellectual Property Rights of another person;
    6. is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13);
    7. contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or
    8. otherwise violates applicable law, the terms of this Agreement or potentially creates liability for Tembow.

    Any accounts posting, hosting or recommending such Content are subject to termination. We reserve the right to remove Content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. We also reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service. We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is prohibited by this Agreement, or may otherwise violate the rights, harm or threaten the safety of any user of Tembow Services or any other person, or create potential liability for us or any user of Tembow Services.

     

    5. Account and Authorization Services

    As a condition to using some Tembow Services, you may be required to utilize a third-party account and authorization service, such as Twitter. We reserve the right to refuse or cancel service if we find that you are using someone else’s authorization credentials. By using a third party authorization service, you are agreeing to that third party’s Terms of Use, Privacy Policy, and any other agreement between you and the third party.

     

    6. Privacy

    Whatever information you provide to Tembow is subject to Tembow's Privacy Policy, which governs our collection and use of your information. When you use Tembow Services, you consent to the collection and use of this information, as detailed in the Privacy Policy.

     

    7. Content and Subscriber Content

    Ownership

    You retain ownership of all intellectual property rights in your Subscriber Content. Tembow (and/or other third parties) retains ownership of intellectual property rights in all Content other than Subscriber Content.

    Subscriber Content License to Tembow

    When you transfer Subscriber Content to us through Tembow Services, you give Tembow a license to use it to operate and improve our products and offerings. That license has a number of different features: it is a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, and create derivative works of your Subscriber Content. When we say “adapt” Subscriber Content, that includes format modifications to make it look good on any networks, devices, services, or media through which users can access Tembow Services.

    This is a license for limited purposes only. Specifically, the rights you grant to us in this license are for the limited purposes of operating and improving Tembow Services, and allowing us to develop new products and services. Likewise, the reference to “derivative works” does not give us a right to make substantive editorial changes or our own derivations. It does, though, enable Tembow Subscribers to redistribute Subscriber Content from one post or collection to another in a manner that allows Subscribers to do things like repost content on their own websites, social media pages/accounts, email newsletters, printed newsletters and any other medium approved by Tembow, and to add comments, quote, embed, or otherwise make reference to your Subscriber Content.

    This license gives Tembow the right to make all publicly-posted Content available to third-parties approved by Tembow, so that those third parties can distribute or analyze the Content on other media and services. For example, sharing Subscriber Content through Twitter or Facebook.

    One important thing to note: This license continues even if you stop using Tembow Services, primarily because of the shared, social nature of Content on Tembow. For example, when you post something publicly, others may choose to comment on it, embedding your Content in a social dialogue that cannot later be erased without retroactively censoring the speech of others.

    When you use Tembow Services, you agree that you will respect the copyright, trademark, and trade secret rights of others. You represent that you have all of the necessary rights to grant this license to Tembow for all Subscriber Content you submit.

    Content License to You

    As a Subscriber of Tembow Services, Tembow grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the functionality and restrictions of, Tembow Services. For Content originated outside of Tembow, Tembow does not represent that it owns or has the rights to grant licenses for the use of such Content. You agree to idemnify and hold Tembow harmless from any claims which result from the use of all Content that originated outside of Tembow that you publish for public consumption.

    Compliance with Tembow Rules

    You agree that you won't post Subscriber Content that violates, or otherwise use your Account in ways that violate, the Tembow Rules.

    Termination and Deletion

    When you delete particular pieces of Subscriber Content from Tembow Services, we will make reasonable efforts to make it inaccessible and to cease use of it. However, we have to point out, and you understand and agree, that (a) caching of, copies of, or references to the Subscriber Content may not be immediately removed; (b) such removed Subscriber Content may persist in backups for a reasonable period of time; (c) such removed Subscriber Content may be available and stored on our servers through the accounts of other Subscribers, when, for example, it has been the subject of commentary and quotation by others, and (d) any Subscriber who has re-posted your Subscriber Content may continue to use that Content in perpetuity as if the content had not been deleted from Tembow Services.

     

    The following provisions are important. You should read them carefully.

    8. Warranty Disclaimer; Services Available on an "AS-IS" Basis

    Your access to and use of Tembow Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT TEMBOW SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, TEMBOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

    Tembow makes no representations or warranties of any kind with respect to Tembow Services, including any representation or warranty that the use of Tembow Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Tembow also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely theresponsibility of, the Subscribers providing that Content. No advice orinformation, whether oral or written, obtained from Tembow or through Tembow Services, will create any warranty not expressly made herein.

    The Tembow Services are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Tembow Services could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). TEMBOW EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

    We are not liable for delays or other nonperformance caused by such events as fires, floods, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control.

     

    9. Release From Liability

    You release, to the fullest extent permitted by law, Tembow, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:

    • Disputes between Subscribers, including those between you and other Subscribers.
    • Third party sites and services, including content found on such sites and services.
    • Disputes concerning any use of or action taken using your Account by you or a third party.
    • Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.

    If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

     

    10. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEMBOW, ITS DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS,SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE TEMBOW SERVICES; (D) DAMAGES RELATING TO ANY CONDUCTOR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING TEMBOW SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANYOTHER LEGAL THEORY, WHETHER OR NOT TEMBOW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN ISFOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TEMBOW AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID USTO USE THE APPLICABLE SERVICE(S).

     

    11. Exclusions to Warranties and Limitation of Liability

    Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 10, so thelimitations above may not apply to you.

     

    12. Termination

    Either you or we can terminate this Agreement at any time by notifying the other party. Tembow may also terminate or suspend your access to or ability to use any and all Tembow Services immediately, without prior notice or liability, for any reason or no reason, including (but not limited to) if you breach any of the terms or conditions of this Agreement. In particular, Tembow may immediatelyterminate or suspend Accounts that have been flagged for repeat copyright infringement.

    Upon termination of your ability to use a Tembow Service, your right to use or access that Service and any Content will immediately cease, provided, however, that your license to any content which obtained without violating this Agreement shall remain in full force and effect. All provisions of this Agreement which by their nature should survivetermination shall survive termination, including, without limitation,ownership provisions, warranty disclaimers, and limitations of liability.

    Termination of your access to and use of Tembow Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Tembow or any third party.

     

    13. Legal Disputes

    You and Tembow agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or Tembow Services in accordance with this Section or as you and Tembow otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.

    Choice of Law for Legal Disputes: This Agreement shall be governed in all respects by the laws of the State of New York without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.

    Where a Lawsuit Must Occur: The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the City and County of New York, New York. You and we both waive any objection to jurisdiction and venue in those courts.

    Waiver of Jury Trial and Class Action: You acknowledge and agree that you and we each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against the other.

    Binding Agreement to Arbitrate with Limited Exceptions: You and we each agree that any dispute, claim or controversy arising out of or relating to these Terms shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

    Waiver of Class Action Arbitration: Unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the previous sentence is held to be unenforceable, then the remaining paragraphs of this Section on Legal Disputes relating to arbitration are void.

    Arbitration Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this dispute resolution section. (The AAA Rules are available here.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

    Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

    Arbitration Location and Procedure: Unless you and we otherwise agree, the arbitration will be conducted in the county, city or municipality where you reside. If your claim does not exceed $10,000, then the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

    Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.

    Arbitration Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

    Changes: If we change this dispute resolution section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by emailing us at [help [at] tembow.com] within 30 days of the date such change became effective, as indicated in the “Last Modified” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this dispute resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

     

    14. Miscellaneous Lawyerly Provisions

    This Agreement, as modified from time to time, constitutes the entire agreement between you and Tembow in connection with Tembow Services. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties.

    The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 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 you except with Tembow's prior written consent.

    Tembow may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Tembow in any respectwhatsoever. Any notice to Tembow that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Gelman Media LLC, 254 West 25TH Street, Suite 5A, New York, NY 10001.

     

    15. Special Provisions for Subscribers Located Outside of the United States

    Tembow provides global products and services and enables a global community for individuals to create, publish, and consume great content. Tembow’s operations are, however, located in the United States, and Tembow’s policies and procedures are based on United States law.

    As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using Tembow Services from a country embargoed by the United States, or are on the United States Treasury Department's list of “Specially Designated Nationals,” you agree that you will not conduct any commercialactivities using or through Tembow Services.

     

    16. DMCA Copyright Policy

    Tembow deals with copyright infringement on Tembow Services in accordance with the Digital Millennium Copyright Act.

    The address of Tembow’s Designated Agent for copyright takedown notices is listed below.

    Reporting Instances of Copyright Infringement

    If you believe that Subscriber Content residing or accessible on or through Tembow Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

    • 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 Tembow iscapable of finding it and verifying its existence.
    • Contact information for the notifying party,including name, address, telephone number and e-mail address.
    • A statement that the notifying party has a good faith belief that thematerial is not authorized by the copyright owner, its agent or law.
    • A statement made under penalty of perjury that the informationprovided in the notice is accurate and that the notifying party isauthorized to make the complaint on behalf of the copyright owner.
    • A physical or electronic signature of a person authorized to act onbehalf of the owner of the copyright that has been allegedlyinfringed.

    After removing material pursuant to a valid DMCA notice, Tembow will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Tembow reserves the right, in its sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications.

    Submitting a DMCA Counter-Notification

    If you believe you are the wrongful subject of a DMCA notification, youmay file a counter-notification with Tembow by providing the following information to the Designated Agent at the address below:

    • The specific URLs of material that Tembow has removed or to whichTembow has disabled access.
    • Your name, address, telephone number, and email address.
    • A statement that you consent to the jurisdiction of Federal DistrictCourt for the judicial district in which your address is located (orthe federal district courts located in the City and County of New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
    • The following statement: “I swear, under penalty of perjury, that Ihave a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification.”
    • Your signature.

    Upon receipt of a valid counter-notification, Tembow will forward it tothe notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Tembow does not receive any such notification within ten (10) days, we may restore the material to Tembow Services.

    Designated Agent

    Gelman Media LLC, 254 West 25TH Street, Suite 5A,New York, NY 10001Attn: Copyright Agent Email: help [at] tembow.com