Terms of Service - Picaboo yearbooks Inc.

These Terms of Service cover all of Entourage Corporate Services' websites, products and services.  Entourage Corporate Services consists of the following brands:  Picaboo Yearbook, EDOnline, Remember Me Yearbooks, Creator Studio, Shop Yearbook, and Entourage Yearbooks (collectively “of Entourage Corporate Services”).  These Terms of Service are incorporated into all Entourage Corporate Service’s Publication Agreements, and Wholesale Print Agreements (collectively “Agreements”).  In addition, these Terms of Service govern the use the EDOnline Application and Ecommerce Store, the Creator Studio Yearbook Application and Ecommerce Store and the Remember Me application and Ecommerce Store (collectively the “Entourage Corporate Services System” or “System” or “Systems”) by organizations and individuals who have signed an Agreement, or otherwise access the Systems.

TERMS OF SERVICE

1. ACCESS TO THE SYSTEM

The Entourage System can be accessed through various websites and domains such as, www.picabooyearbooks.com, www.remembermeyearbooks.com, and www.entourageyearbooks.com. The Entourage System includes the yearbook website, the yearbook application, the yearbook store and affiliated domain names, and any other linked websites, pages, features, content, or application (including mobile applications) offered from time to time by Entourage. Subject to the terms and conditions of this Agreement, Entourage may provide certain services through the System, as described more fully on the System’s websites. As used herein, the term ‘System’ shall include, without limitation, the System, any service Entourage performs for you or through the System, and any content or products offered by Entourage or Entourage users through any of the foregoing.

You may only use the System for your internal (including organization sanctioned promotional and marketing use) educational use. Entourage may change, suspend or discontinue all or any part of the System at any time. Entourage also may impose limits on certain features and / or restrict your access to parts or all of the System without notice or liability.

Entourage reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the System and by sending you appropriate notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the System following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

You represent and warrant to Entourage that: (i) you are of legal age to agree to the Terms of Service; (ii) all agreement information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity (“Organization”), you are using the Service with its permission.

2. USE BY CHILDREN

Entourage collects limited personal information from students and other children who use the System. We only collect personal information (as defined in our Privacy Policy), from children under 13 where that child’s Organization has contracted with Entourage (via the terms set forth in Section 3(c) or (d) of this Agreement) to collect personal information from children under the age of 13 for the use and benefit of the learning environment. Entourage requires Organizations to notify the parents of children under 13 that the Organization will be using the System before collecting any such personal information. In the event that we learn that we have collected personal information from a child under 13 improperly, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information improperly, or that such child’s applicable Organization has not provided notice to the parents of their child’s use of the System, please contact us at help@entourageyearbooks.com.

3. ADDITIONAL TERMS

(a) For information regarding Entourage's treatment of personally identifiable information, please review Entourage's current Privacy Policy (https://www.entourageyearbooks.com/privacy-policy/), which is hereby incorporated into this Agreement by reference.

(b) If you are accessing the System as an Organization the following terms also apply to your Organization:

(i) When using the System, you will assign an adult as the “yearbook adviser” for the project responsible for the Organization’s use of the CS System and compliance with applicable laws. Upon termination of this yearbook adviser from the yearbook adviser role, you will require such individual to cease using the account created for the Organization and appoint another yearbook adviser. If at any time you learn that a user of the System who claims to be affiliated with your Organization is not so affiliated, you will notify us immediately. The Organization is responsible for all activity that occurs under your Organization’s accounts on the Systems.

(ii) If you are an organization based in the United States, you represent and warrant that you are solely responsible for complying with the Children’s Online Privacy Protection Act (‘COPPA’), please see www.ftc.gov/privacy

(iii) If you are an Organization based in Canada or outside the United States, you represent and warrant that you will operate the System in compliance with applicable laws.

(c) If you are accessing the System as a teacher, yearbook adviser or other representative of an Organization, the following terms also apply to you:
(i) You represent and warrant that you have permission from your Organization to use the System as part of your curriculum.

(ii) You represent and warrant that you will provide the parents of any users under the age of 13 with notice that the Organization is using the System.

(iii) You will not share access to the Systems with anyone other than (1) authorized users within your Organization, and (2) parents or other legal guardians of children who belong to your Organization. You are responsible for activities that occur on the System due to access that you have granted to other users (whether through the creation of an account, providing access to your username and password, or through invitation), unless Organization has negligently provided access to the System, or failed to supervise the students as appropriate.

(d) If you are accessing the System as a parent or an adult unassociated with an Organization, the following terms also apply to you:

(i) You understand that your use of the System constitutes acceptance of these Terms both on your own behalf as well as on behalf of your child or children who use the System, if applicable.

(e) Entourage requests all printed products be immediately inspected upon receipt by the customer and that any defects or damages be reported within 15 days. After 15 days, Entourage is no longer obligated to refund or replace the product.

4. SYSTEM CONTENT
The System and its contents may only be used in accordance with the terms of this Agreement. All materials provided by Entourage that are displayed or performed on the System (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the ‘Entourage Content’)) are protected by copyright and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Entourage Content accessed through the System, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Entourage Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

The Systems are protected by copyright as a collective work and/or compilation, pursuant to U.S. and Canadian copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Entourage Content, software, materials, or System in whole or in part.

You may download or copy the Entourage Content (and other items displayed on the System for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Entourage Content. Copying or storing of any Entourage Content other than personal, noncommercial use is expressly prohibited without prior written permission from Entourage or from the copyright holder identified in such Entourage Content’s copyright notice.

In the course of using the System, you and other users may provide information which may be used by Entourage in connection with the System and which may be visible to certain other users. You understand that by posting information or content on the System or otherwise providing content, materials or information to Entourage or in connection with the System (collectively, ‘User Submissions’), Entourage hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to utilize and exercise all rights (including all intellectual property rights) with respect to such User Submissions in connection with the System; however, Entourage will only share your personally identifiable information in accordance with Entourage’s current privacy policy at https://www.entourageyearbooks.com/privacy-policy/. You also hereby do and shall grant each user of the System a non-exclusive license to access your User Submissions through the System, and to use, modify, reproduce, distribute, prepare derivative works of art, display and perform such User Submissions as permitted through the functionality of the System (including without limitation any functions that limit other users’ ability to see the information in your Entourage user profile) and under this Agreement. Furthermore, you understand that Entourage retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you, subject to the terms of this Agreement. In addition, the Organization grants to Entourage a worldwide, non-exclusive, royalty-free limited license to use the name, logo, trade-marks and brand names of the Organization in connection with its provision of the System hereunder. For clarity, the foregoing rights granted to Entourage do not affect your ownership of or right to grant other non-exclusive licenses to the material in your User Submissions, unless otherwise agreed in writing.

Furthermore, upon upload into the System and use in the System, Entourage may alter the image or content to make it usable within the System (such as reducing the file size of an image). As such, Entourage should not be used as a photo management system and the users are responsible for maintaining the original content for their use outside the System.

You understand that all information publicly posted or privately transmitted through the System is the sole responsibility of the person from which such content originated and that Entourage will not be liable for any errors or omissions in any content. You understand that Entourage cannot guarantee the identity of any other users with whom you may interact in the course of using the System. Additionally, Entourage cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Entourage Content and User Submissions (collectively “Content”) accessed by you using the System is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will Entourage be liable in any way for any Content (User Submitted or Entourage Yearbook Content), including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the System.

5. YOUR WARRANTY

You warrant, represent and agree that you will not contribute any User Submissions or otherwise use the System in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Entourage reserves the right to remove any Content from the System at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Entourage is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Entourage, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the System, and you warrant that you possess all rights necessary to provide such content to Entourage and to grant Entourage the rights to use such information in connection with the System and as otherwise provided herein.

6. RESTRICTIONS

You are responsible for all of your activity in connection with the System, as well all activity that occurs under your account or any accounts or access codes that you have authorized. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the System. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Entourage user. Use of the System to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the System, or any processes that run or are activated while you are not logged on to the System, or that otherwise interfere with the proper working of or place an unreasonable load on the System’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider, or “scrape” any page or portion of the System is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the System. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the System. You may not transfer your account to anyone without express prior written consent of Entourage. You will not disclose your username and password in any public manner, and will not disclose such information to any individual who is not authorized to receive such access code; for example, you will not post any access code to a publicly-accessible internet page. You understand and agree that Entourage shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement, and Entourage shall have sole discretion regarding the course of action to take in connection therewith.

The high-resolution, printable files that are created using the System are the property of Entourage. If the user would like to request additional printed copies of a yearbook for your school, Entourage shall be sole print provider from which the school can request such copies. Scanning and printing the high-resolution, printable files created using the System is not prohibited. If you desire to own the high-resolution, printable file, you must request such ownership from Entourage and receive express written approval from Entourage before taking ownership of the file and printing your book with another print provider.

7. DIGITAL YEARBOOK STORAGE

Entourage guarantees the storage of your yearbook files and digital material for a minimum of four (4) years after the yearbook is finalized for print or, if the yearbook is not finalized, then after the last edit is made to the book.  After such time, Entourage reserves the right to archive and/or delete yearbook and associated yearbook materials that were uploaded to our site for the creation of a yearbook. Schools have the right to request deletion of their yearbook and yearbook materials at any time by written request to Entourage. Such a request will take up to 15 business days to process.

8. WARRANTY DISCLAIMER

Entourage has no special relationship with or fiduciary duty to you. You acknowledge that Entourage has no control over, and no duty to take any action regarding: which users gains access to the System; what Content you access via the System; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Entourage from all liability for you having acquired or not acquired Content through the System. The System may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Entourage makes no representations concerning any content contained in or accessed through the System, and Entourage will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the System. Entourage makes no representations or warranties regarding suggestions or recommendations of System or products offered or purchased through the System. Products and System purchased or offered (whether or not following such recommendations and suggestions) through the System are provided “AS IS” without any warranty of any kind from Entourage or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE System, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE System WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL Entourage BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Entourage IN CONNECTION WITH THE System IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. REGISTRATION AND SECURITY

As a condition to using the System, you may be required to register with Entourage and select a password and username and you may be permitted to register an Organization-specific “subdomain” within the website (“Subdomain”), commonly called the yearbook store. You shall provide Entourage with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account and/or all accounts associated with your Subdomain. Once you complete and submit your registration, you have opted in to receive email communication from us. You may not select a username of another person with the intent to impersonate that person or use a Entourage Login subject to any rights of a person other than you without appropriate authorization, nor may you select or use a Subdomain that you do not have the right and authorization to use. Entourage reserves the right to refuse registration of or cancel a registration or Subdomain in its discretion. You shall be responsible for maintaining the confidentiality of your password. Further, Entourage generates unique IDs for unactivated (invited but not activated) users. Registered users are required to keep these unique IDs confidential as the unique IDs are associated with personal information of the unactivated person.

11. INDEMNITY

As permitted by law, you will indemnify and hold Entourage, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the System, use of the System, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

12. FEES AND PAYMENT

Entourage offers photo hosting, photo management, printed yearbooks, printed products, digital products, yearbooks and other services such as manufacturing and shipping. Entourage may offer more products and services in the future. Entourage reserves the right to require payment of fees for these products and services. Should you elect to purchase such products and services, you shall pay all applicable fees, as described on the System in connection with such features. Entourage reserves the right to change its price list and to institute new charges at any time. Use of the System by you following such notification constitutes your acceptance of any new or increased charges. Notwithstanding the foregoing, if the Organization and Entourage has signed a Yearbook Publication Agreement or other applicable Agreement, that Agreement’s terms shall govern the fees and payment provisions and this paragraph shall not apply.

13. SELLING YEARBOOKS ON BEHALF OF THE SCHOOL OR ORGANIZATION

When Entourage sells products to clients or parents or the organization, Entourage does so on behalf of the organization. If applicable Entourage will charge sales tax on transactions. The organization is responsible for declaring tax exempt status with Entourage if they believe transactions are tax exempt. 

14. THIRD PARTY WEBSITES AND SYSTEM

The System may contain links or connections to third party websites or System that are not owned or controlled by Entourage. When you access third party websites or use third party services (including, without limitation, your use of Third Party Software), you do so at your own risk. Entourage encourages you to be aware when you leave the System and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Entourage has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the System. In addition, Entourage will not and cannot monitor, verify, censor or edit the content of any third party site or service (including without limitation the Third Party Software). By using the System, you expressly relieve and hold harmless Entourage from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the System, including payment and delivery of goods or System, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that Entourage shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Entourage is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Entourage, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 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.’

15. TERMINATION

This Agreement shall remain in full force and effect while you use the System. You may terminate your use of the System or your account at any time by contacting us at help@entourageyearbooks.com. Entourage may suspend or terminate your access to the System or your account for a violation of any term of these Terms of Service, and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership and in your forfeiture of any credit associated with your account. Upon termination of your account, your right to use the System, access the System, and any Content will immediately cease. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. MISCELLANEOUS

Unless otherwise agreed to by the parties in writing, these provisions shall apply as permitted by law. 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. Entourage shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Entourage’s 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 you except with Entourage’s prior written consent. Entourage may transfer, assign or delegate this Agreement and its rights and obligations without consent. For disputes arising in the United States, this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to the conflict of laws provisions thereof. Each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of New Jersey. For disputes relating to this Agreement arising in Canada, this Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable in Ontario. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration administered by the Ontario International Commercial Arbitration Centere pursuant to its rules (https://www.icdr.org/about_icdr). The place of Arbitration shall be Toronto, Canada. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Entourage’s website will be deemed a writing signed by both parties. 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 Entourage in any respect whatsoever.

17. COPYRIGHT DISPUTE POLICY

Entourage has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/dmca/). The address of Entourage’s Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent’) is listed at the end of this Section. It is Entourage’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the System infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

 2. Identification of works or materials being infringed;

3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Entourage is capable of finding and verifying its existence; 

4. Contact information about the notifier including address, telephone number and, if available, email address;

 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Procedure for Reporting Security, Privacy and Copyright Infringements:

If you believe that material or content residing on or accessible through the System infringes your security, privacy or copyright, please send a notice of infringement containing the following information to the Designated Agent listed below: 

1. A physical or electronic signature of a person authorized to act on behalf of the organization or person that has been allegedly infringed; 

2. Identification of works or materials being infringed or, as applicable, a description of the infringement;

3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the person or organization claiming the infringement seeks to have removed, with sufficient detail so that Entourage is capable of finding and verifying its existence;

4. Contact information about the notifier including address, telephone number and, if available, email address;

5. A statement that the notifier has a good faith belief that the material identified in (3) is infringing as a matter of the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the party allegedly being infringed upon.

C. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: 
It is Entourage’s policy:

1. to remove or disable access to the infringing material;

2. to notify the content provider, member or user that it has removed or disabled access to the material; and

3. that repeat offenders will have the infringing material removed from the System and that Entourage will terminate such content provider’s, member’s or user’s access to the System.

D. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider, member or user;

2. 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 disabled;

3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Entourage is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Entourage may send a copy of the counter-notice to the original complaining party informing that person that Entourage may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Entourage’s discretion.

 Please contact Entourage’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

Elias Jo, CEO,

Entourage Corporate Services

39 Everett Dr.

Princeton Junction, NJ 08550

E-mail: care@picabooyearbooks.com

Phone: 855-537-0050

18. CONTACT.

If you have any questions, complaints, or claims with respect to the System, you may contact us at care@picabooyearbooks.com.