About Us

Company info

PELMEL Guide website is maintained by :
FGP Digital LLC
Registered agent:
LEGALINC CORPORATE SERVICES INC.
3925 NE 72ND AVE # 107
Vancouver, WA 98661
United States

Seeking partners

We are looking for financial partners worldwide, please contact us at christophe@pelmelguide.com. We also look for long-time partnerships with event organizators, gay associations, and every actor of the gay life worldwide.

Terms of use

Following terms of use are only available in english for global consistency accross countries and languages.

Welcome to PELMEL!

Effective August 18, 2015

Thanks for using our website and services. The Services are provided by FGP Digital, LLC registered agent LEGALINC CORPORATE SERVICES INC. - 3925 NE 72ND AVE # 107, Vancouver, WA 98661 United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

These Terms of Use govern use of the PELMEL mobile application ("App"), websites, including www.pelmelguide.com ("Site"), and services (together, the "Services") of FGP Digital, LLC, a Washington limited liability company. By using the Services, Users agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all rules, procedures, conditions or policies referenced here (collectively, the "Terms of Use" or "Terms" or "Agreement"). By using the Services in any manner, including, but not limited to, installing and using the App, visiting or browsing the Site or contributing content, information, or other materials or services to the App or Site, you agree to be bound by this Agreement.

Please review these Terms frequently. PELMEL may amend, alter or replace these Terms at any time by posting a revised version of the Terms on our website. Users are responsible for checking the Terms of Use periodically for changes. If a material change is made, PELMEL may notify Users in the Services, by email, by blog, by means of a notice on the Services, or other places PELMEL deems appropriate. A "material change" will be determined at PELMEL's sole discretion, in good faith, and using common sense and reasonable judgment. A User???s access to or continued use of the Services following the posting of any changes constitutes acceptance of the revised Terms.

Some services offered through the Services may be subject to additional terms and conditions adopted by the PELMEL. Use of those services is subject to those additional terms and conditions.

Nothing contained in the Terms or the Services constitutes legal advice. If Users have any questions regarding their legal rights and legal obligations, Users should consult with their own attorney.

Summary of the PELMEL Sponsorship Program

The PELMEL Sponsorship Program is an online advertising network where certain users ("Sponsors") sponsor the Services and are provided with opportunities to publish or place their brand and messaging for users to see and experience.

Summary of the PELMEL Subscription Program

The PELMEL Subscription Program is an online subscription service where certain users ("Subscribers") subscribe to the Services and are provided with opportunities to reach customers and attract new users through notification services.

Summary of the PELMEL Affiliate Program

The PELMEL Affiliate Program is an online advertising network where certain users ("Affiliates") provide advertisements, including banner advertisement placements, before Users.

Summary of the PELMEL Premium Program

The PELMEL Premium Program is a program under which "Premium Users" of "Premium Services", which include a monthly subscription that gives users, among other benefits, the ability to create several networks of friends, to access unlimited chat history, or restrict the visibility of their check-in only to their network.

All users of the Services, including Sponsors and others visitors to and users of the Services are collectively referred to as "Users".

Users use the Services at their own risk. PELMEL does not endorse, guarantee, make representations, or provide warranties for or about the safety, quality, integrity, legality or morality of any User or the truth or accuracy of User Content posted on the Services.

Content

Various content, including, but not limited to, User names, images, photographs, artwork, graphics, audio clips, videos, text, comments, data, software, scripts, projects, attachments, links, names, likenesses, and personal and biographical materials of Users and the members of a User???s group, other materials and information, and associated trademarks, service marks, slogans, logos, copyrightable works and similar proprietary rights are collectively referred to as "Content". Trademarks, service marks, slogans, logos, and similar proprietary rights are also collectively referred to as "Trademarks". Each User warrants and represents that its User Content and PELMEL???s use of such User Content will not infringe any third party's intellectual property rights, privacy rights, proprietary rights, confidentiality, rights of publicity or otherwise violate these Terms of Use or applicable law.

Users may make accessible ("Submit") Content in a number of ways including, but not limited to uploading, posting, creating, adding, contributing, submitting, distributing. Content Submitted by Users is referred to as "User Content".

License to Users

PELMEL grants each User a non-exclusive, non-transferable, limited, revocable license to use the Services subject to such User's eligibility and continued compliance with these Terms.

Age Eligibility

Only those 18 year of age and older may use the Services. For those between the ages of 13 and 17, they can use the services if a parent or legal guardian consents to use, and agrees to these same Terms, and also agrees to supervise, and to be responsible for use.

Suspension and Termination

PELMEL reserves the right to refuse use of or terminate access to the Services, without cause or notice, to anyone and to reject, cancel, interrupt, remove or suspend any usage of the Services at any time for any reason, including, but not limited to, violation of these Terms without liability. Users acknowledge that suspension or termination may result in the forfeiture and destruction of all Content and information associated with an account. Users are not eligible to use the Services if previously suspended for any reason and have not been explicitly authorized to resume using the Services.

Prohibited

Users must comply with all applicable laws and regulations and are responsible for all of their activity in connection with their use of the Services. Users promise, as a condition of use, not to use the Services for any purpose that is prohibited by law or these Terms of Use. The Services are provided only for a User???s own personal, non-commercial use. The following items are prohibited Content and actions.

Content

Users are not permitted, and may not Submit Content, that:

  • is known to be false, deceptive, misleading, or inaccurate;
  • infringes or violates any intellectual property right, such as patent, trademark, trade secret, copyright, right of publicity
  • is offensive, profane, obscene, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, invasive of another's privacy, or unlawful
  • constitutes unauthorized or unsolicited advertising, marketing, PR, or promotional material or any junk mail, chain letters or spam
  • contains malware, software or computer viruses, worms, trojan horses, ransomware, spyware, adware, or scareware
  • any other computer scripts, files, codes, or programs that can damage, disrupt, limit, or interfere with the proper function of any services, software, hardware, or telecommunications equipment
  • anything intended to damage or obtain unauthorized access to any account, data, system, password, or other information of PELMEL, its Users, or any third party
  • is made in breach of any legal duty owed to a third party

Actions

Users are not permitted to assign, rent, lease, distribute, or otherwise transfer these Terms of Use or any of the rights received or licenses granted hereunder, but such Terms, rights and licenses may be assigned by PELMEL without restriction or consent. Users are not permitted, and may not permit any third party to take actions, that:

  • are intended to gain unauthorized access to any system, data, password, or other information of PELMEL, its Users, or any third party
  • promote disrespect, hatred, abuse, bullying, discrimination, profanity, harassment, meanness, or spam
  • uses the personal information of other Users for purposes beyond which it was Submitted
  • infringe or violate any right of any other person or entity, or violates any law or contract
  • impersonate any person or entity, including any employee or representative of PELMEL
  • use the Services to promote violence, degradation, humiliation, subjugation, discrimination or hatred against individuals or groups based on race, religion, ethnic origin, disability, gender, age, veteran status, sexual orientation, or gender identity
  • spam the comments sections or other Users with offers of goods and services or inappropriate messages
  • post videos, images or descriptions that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt, degraded or abused
  • interferes or attempts to interfere with or disrupt the proper working of the Service or any activities conducted on the Services
  • run a Maillist, Listserv, or any form of auto-responder or "spam" on the Services
  • bypass any measures PELMEL may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services)
  • modify, translate, or otherwise create derivative works of any part of the Services
  • decipher, disassemble, decompile, reverse engineer, or otherwise attempt to derive any source code algorithms or underlying ideas of any part of the Services, except to the extent applicable laws specifically prohibit such restriction
  • use manual or automated software, devices, or other processes to "spider" or "crawl" any page of the Site
  • impose, in PELMEL???s sole discretion, an unreasonable load on PELMEL's or its third-party provider???s infrastructure

We reserve the right to remove Content, and to terminate User accounts which, in PELMEL???s sole discretion, are in violation of prohibitions.

Change, Suspension or Discontinuation of Services

PELMEL reserves the right to change, suspend, or discontinue the Services any time for any reason. PELMEL may also limit the availability or access to features, services, databases, Content, or parts of the Services without notice or liability. PELMEL may attempt to verify identity, User, Content or other information provided by Users, and may change, suspend or discontinue services to Users without notice or liability if unable to verify any such information to PELMEL???s satisfaction.

Registration Information

Visitors can use the App or browse to the Site without registration. As a condition of using certain portions or features of the Services, are required to register and select a screen name ("User ID") and password, and to provide other registration information. Users must provide accurate, truthful, complete, and updated registration information. Users are not permitted to use registration information that impersonates others, or is subject to intellectual property rights of others. PELMEL may request additional registration information which Users agree to provide.

Unauthorized Use or Breach

Users are solely responsible for activity that occurs on their accounts and are responsible for maintaining the confidentiality of their password for the App and Site. Users agree to notify PELMEL immediately of any unauthorized account use, or any breach of a User???s account security.

Users

All Users must abide by these Terms of Use, and all applicable local, state, national, and international laws and regulations.

Disputes between Sponsors, Subscribers, Affiliates, Premium Users, or other Users

PELMEL is under no obligation to become involved in disputes between and among Sponsors, Subscribers, Affiliates, Premium Users, or other Users or any third party. In the event of any dispute, PELMEL may provide a User???s contact information to another User, including Sponsors, Subscribers, Affiliates, Premium Users, so that the two parties may resolve their dispute.

Fees and Payments

Joining PELMEL is free. We do charge for some services. By using the Services Users agree to our fees listed here http://www.Pelmelgui.de/pricingandfees. Changes to fees are effective after we post notice of the changes in the App or on the Site. Updated fees are applied to Services after the notice is posted. Users are responsible for paying all taxes associated with their use of the Services. Contributions are usually made via Apple/Google In-app purchases or credit card. PELMEL is not responsible for the performance of Apple, Google or any third party credit card processing services.

Refunds

PELMEL's fees and charges, are generally not refundable. Refunds may be made at the sole discretion of FGP Digital LLC.

Intellectual Property

As between Users and PELMEL, Users continue to hold all ownership interest in their User Content.

Nevertheless, Users agree that PELMEL requires the following license to market and perform the Services on behalf of Users and itself. Users grant PELMEL a worldwide, non-exclusive, perpetual, irrevocable, sublicensable, transferable right and royalty-free license to (and to allow others acting on its behalf to)

  • use, publicly display, publicly perform, store, create derivative works, distribute, edit, modify, prepare derivative works of, reproduce, host, stream, transmit, playback, transcode, copy, feature, market, sell and otherwise fully exploit User Content of any User on or in connection with
    • o the Services and our related marketing and promotional activities
    • o marketing, promoting, and redistributing part or all of the Services or the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites)
    • o PELMEL???s (and its successors' and assigns???) businesses
    • take whatever other action is required to market and the Services
    • allow its Users to playback, stream, transmit, display, download, feature, collect, distribute, and otherwise use the User Content and Trademarks in connection with the Services
    • publish and use, and permit others to use and publish, the Trademarks, User Content, names, likenesses, and personal and biographical materials of Users and the members of a User???s group, in connection with the marketing an provision of the Services.

The foregoing license grant to PELMEL does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content.

Promotions

PELMEL does not permit lotteries, raffles or similar games of chance or any type of promotion which requires a payment of any amount as the sole method of entry into such promotion. Users may not offer any competition, contest, sweepstakes, giveaway or similar activity ("Promotions") on the Services without PELMEL's prior written permission. PELMEL may grant or withhold in its sole and absolute discretion). Users can request permission from PELMEL by emailing promotions@Pelmelgui.de. Subject to and upon any such permission, each User offering any Promotion further acknowledges and agrees that:

  • the official rules for such Promotion shall include conspicuous and clear language to the effect that:
  • o PELMEL does not sponsor, manage, direct, administer or endorse the Promotion
  • o all questions concerning the Promotion must be directed to the User and not to PELMEL
  • o each participant or entrant in the Promotion releases PELMEL from any and all liability associated with the Promotion
  • the User shall be solely responsible for all aspects of offered Promotions

Third Party Content

Certain portions of the Services may contain third party content and may provide links to webpages, sites, information, goods, services and content of third parties (collectively "Third Party Content"). Users access and use such Third Party Content at their own risk. PELMEL does not own, control, endorse, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content. The inclusion of Third Party Content does not imply an affiliation, sponsorship, or endorsement by PELMEL or any association with its operators. PELMEL is not responsible or liable for the content, functions, accuracy, completeness, legality, appropriateness or any other aspect of Third Party Content. Users acknowledge that the terms and conditions and privacy policy of such sites may be different from those applicable to the use of the Services. Users acknowledge and agree that, except as otherwise expressly provided herein, PELMEL is not responsible or liable in any manner for any loss or damage of any sort relating to caused or alleged to be caused by or in connection with User dealings with use of or reliance upon Third Party Content.

Indemnification

Users agree to defend, indemnify, and hold harmless PELMEL, its subsidiaries and affiliates and each of its, and their employees, officers, contractors, directors, suppliers, agents and representatives from and against any and all liabilities, claims, damages, causes of action, obligations, losses, costs or debt, and expenses, including reasonable attorneys' fees and costs and all amounts paid in settlement that arise from or relate to use or misuse of, or access to, or infringement of the App, Site, the Services, Content, Users, third parties, intellectual property of Users or third parties, breach of these Terms of Use. PELMEL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User, in which event such User will assist and cooperate with PELMEL in asserting any available defenses and in settlement of any such matters.

No Warranty

PELMEL has no special relationship with or fiduciary duty to Users.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. USE OF THE SERVICES IS SOLELY AT USER???S OWN RISK.

Users acknowledge that PELMEL has no control over, and no duty to take any action regarding:

  • which users gains access to the Services
  • what Content Users access via the Services
  • what effects the Content may have on Users
  • how Users may interpret or use the Content
  • what actions Users may take as a result of having been exposed to the Content

Except as otherwise provided, Users release PELMEL from all liability for Users having acquired or not acquired Content through the Services.

PELMEL neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Services.

PELMEL makes no representation or warranty, express or implied, with respect to any third party data provided to PELMEL or its transmission, accuracy, timeliness or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. PELMEL will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from

  • any such inaccuracy, error, delay or omission,
  • non-performance or
  • interruption in any such third party data due either to any negligent act or omission by PELMEL or "force majeure" or any other cause beyond the control of PELMEL.

Electronic Communication Privacy Act Notice (18usc 2701-2711): PELMEL makes no guaranty of privacy or confidentiality of any communication or information transmitted on the Services or any app or website linked to the Services. Users agree that PELMEL will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on PELMEL's equipment, transmitted over networks accessed by the Services, or otherwise connected with use of the Services.

Limitation of Liability

IN NO EVENT SHALL PELMEL, NOR ITS AFFILIATES, SUBSIDIARIES, OR AND OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBCONTRACTORS, LICENSORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PELMEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WITH RESPECT TO THE SERVICE

  • FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
  • FOR ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION)
  • FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO PELMEL FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE.

Notwithstanding any provision of these Terms of Use, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then PELMEL's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, PELMEL does not disclaim liability for:

  • fraudulent misrepresentation or intentional misconduct
  • death or personal injury caused by its negligence or that of any of its officers, employees or agents
  • any liability which it is not lawful to exclude either now or in the future

Governing Law

Users agree that these Terms of Use (and any other or further terms, rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Users agree that the Services shall be deemed solely based in Washington (the principal place of business and corporate headquarters of PELMEL) and shall be deemed passive and not giving rise to personal jurisdiction over PELMEL, either specific or general, in jurisdictions other than Washington.

English

In the event of a conflict between the English language version of these Terms of Use and any foreign language translation versions thereof, the English language version of these Terms of Use shall govern and control. All notices, disputes, claims and causes of action (and related proceedings) will be communicated in English.

Termination and Survival

PELMEL may terminate User access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with an account. If a User wishes to terminate an account, such User may do so by following the instructions on the Services. PELMEL may retain User Account information after termination in accordance with accounting, regulatory and legal compliance procedures. All provisions of this these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Arbitration

Each User agrees that any and all disputes or claims that have arisen or may arise between such User and PELMEL relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that such User may assert claims in small claims court, if such User claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, a User must send a letter requesting arbitration and describing the claim to our registered agent, LEGAL INC - 9 E Lookerman Street Suite 215, Dover, De 19901. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. A User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where such User lives or at another mutually agreed location. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, such User waive any right to a jury trial. User and PELMEL also both agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the City of Seattle, Washington. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys??? fees, cost, and disbursements.

Notification Procedures

Users agree PELMEL may provide notifications via email, written or hard copy notice, or through conspicuous posting of such notice on the Services. Users may opt out of specific means of notification or to receive specific notifications.

International

Accessing the Services is prohibited from territories where the Content is illegal. Users who access the Services from other locations, do so at their own initiative and are responsible for compliance with local laws. Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), each User states that such User is:

  • not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time
  • not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Project or Campaign is deemed to be in violation of Export Laws.

Copyright Policy

PELMEL does not permit infringement of intellectual property rights on the Services, and PELMEL will remove copyright infringing activities or related User Content if PELMEL is properly notified that such User Content infringes on another's intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or that any material on the Services violates these Terms or your intellectual property rights, please notify PELMEL as soon as possible by sending an email to christophe@pelmelguide.com, or by contacting PELMEL' Agent (listed below), with the following information ("Notice of Infringement") pursuant to the Digital Millennium Copyright Act ("DMCA") (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. ??512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest ("Complainant")
  • a description of the copyrighted work that you claim has been infringed
  • a description of where the material that you claim is infringing is located on the Website, sufficient for PELMEL to locate the material
  • your contact information, including your address, telephone number, and email address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf

Pursuant to Section 512(c) (2) of the DMCA, PELMEL' designates the following agent to receive notifications of claimed infringement:

??

FGP Digital LLC

Attention: Legal Department

Legal Inc.

Legalinc Corporate Services Inc. - 9 E Lookerman Street Suite 215, Dover, De 19901

Telephone: (844) 386-0178

copyright@pelmelguide.com

For the avoidance of doubt, only DMCA notices should go to PELMEL' Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. PELMEL reserves the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, PELMEL may also terminate a User's account if the User is determined to be a repeat infringer.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

If you believe that your material has been disabled or removed by misidentification or mistake, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:

  • a physical or electronic signature of the owner or authorized user of material
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
  • a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
  • your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person

Upon receipt of the Counter-Notice by the Designated Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that PELMEL, at its discretion, may replace the removed material or cease disabling it in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless the Designated Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your unauthorized use of the material on the Services.

If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the Complainant are encouraged to work to an amicable resolution.

Cooperation with Authorities and Police Enforcement

PELMEL will cooperate with law enforcement authorities as required by law and will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Subpoenas

All subpoenas must be properly served on PELMEL, preferably by mailing the subpoena to Christophe Fondacci, our registered agent. Please find below the Washington address for Legal Inc.:

Legal Inc.
Legalinc Corporate Services Inc. - 9 E Lookerman Street Suite 215, Dover, De 19901
Attention: PELMEL, Inc. - Subpoena

If you have a subpoena to serve on PELMEL, please note that PELMEL does not accept service via e-mail or fax and will not respond to the subpoena.

Entire Agreement/Severability

These Terms of Use are the entire agreement between each User and PELMEL. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. PELMEL's failure to assert any right or provision shall not constitute a waiver of such right or provision.