1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available
through the Soundboard.com domain name, the "Soundboard Website", or "Website"),
YOU (Sometimes called “CLIENT”) SIGNIFY YOUR ASSENT TO BOTH THESE TERMS
AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF
SOUNDBOARD'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.soundboard.com/privacy.aspx, AND WHICH ARE INCORPORATED HEREIN
BY REFERENCE. If you do not agree to any of these terms, then please do not use
the Soundboard Website.
2. Soundboard Website
These Terms of Service apply to all users of the Soundboard Website, including users
who are also contributors of video content, information, and other materials or
services on the Website. The Soundboard Website may contain links to third party
websites that are not owned or controlled by Soundboard. Soundboard has no control
over, and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, Soundboard will not and cannot censor
or edit the content of any third-party site. By using the Website, you expressly
relieve Soundboard from any and all liability arising from your use of any third-party
website. Accordingly, we encourage you to be aware when you leave the Soundboard
Website and to read the terms and conditions and privacy policy of each other website
that you visit.
3. Website Access
A. Soundboard hereby grants you permission to use the Website as set forth in this
Terms of Service, provided that: (i) your use of the Website as permitted is solely
for your personal, noncommercial use; (ii) you will not copy or distribute any part
of the Website in any medium without Soundboard's prior written authorization; (iii)
you will not alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account.
You may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account password
secure. You must notify Soundboard immediately of any breach of security or unauthorized
use of your account. Failure to notify Soundboard of such a breach is a violation
of this contract and breach of contract. Although Soundboard will not be liable
for your losses caused by any unauthorized use of your account, you may be liable
for the losses of Soundboard or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that
accesses the Website in a manner that sends more request messages to the Soundboard
servers in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the foregoing,
Soundboard grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such materials.
Soundboard reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the communication
systems provided by the Website for any commercial solicitation purposes. You agree
not to solicit, for commercial purposes, any users of the Website with respect to
their User Submissions.
4. Sale of Sound Board Tracks
You can now sell your sound board tracks on our site. Here’s how it works.
sYou set your own 'Per Track' price, from $0.99 to $9.99 and set a 'Buy All' price,
up to $99.99. All payments are via PayPal and you retain 70% of your sales. The
other 30% we keep. You Must define usage rights. This means you tell your customer
how they can use your tracks. We will provide you with real-time sales and traffic
reporting and we will not charge you anything to get started. You may sell any content
which you own exclusively. If you don’t own the rights exclusively then do
not put the tracks on this site. If you do put some\one else’s sounds up then
you will be infringing their rights. Any intentional infringement is a breach of
this contract for which you agree to indemnify us for any associated damages.
5. Intellectual Property Rights
The content on the Soundboard Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed
to Soundboard, subject to copyright and other intellectual property rights under
United States and foreign laws and international conventions. Content on the Website
is provided to you AS IS for your information and personal use only and may not
be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the prior
written consent of the respective owners. Soundboard reserves all rights not expressly
granted in and to the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you download or print
a copy of the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the Soundboard Website or features that
prevent or restrict use or copying of any Content or enforce limitations on use
of the Soundboard Website or the Content therein.
6. User Activities
A. The Soundboard Website may now or in the future permit the submission of sound
bites, audio clips, mp3 files or other communications submitted by you and other
users ("User Submissions") and the hosting, sharing, and/or publishing
of such User Submissions. You understand that whether or not such User Submissions
are published, Soundboard does not guarantee any confidentiality with respect to
any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Soundboard to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person in the User Submission
to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting the
User Submissions to Soundboard, you hereby grant Soundboard a worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions in connection
with the Soundboard Website and Soundboard's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the Soundboard
Website (and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the Soundboard Website a non-exclusive
license to access your User Submissions through the Website, and to use, reproduce,
distribute, prepare derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under these Terms of Service.
The foregoing license to each user granted by you terminates once you remove or
delete a User Submission from the Soundboard Website.
C. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their rightful owner
to post the material and to grant Soundboard all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Soundboard or any
third party; (iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements
or solicitations of business: (v) impersonate another person. Soundboard
does not endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and Soundboard expressly disclaims any and all liability in connection
with User Submissions. Soundboard does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and Soundboard
will remove all Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property rights. Soundboard
reserves the right to remove Content and User Submissions without prior notice.
Soundboard will also terminate a User's access to its Website, if they are determined
to be a repeat infringer. A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a User Submission removed from
the Website more than twice. Soundboard also reserves the right to decide whether
Content or a User Submission is appropriate and complies with these Terms of Service
for violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory material,
or excessive length. Soundboard may remove such User Submissions and/or terminate
a User's access for uploading such material in violation of these Terms of Service
at any time, without prior notice and at its sole discretion.
D. As Soundboard is a service provider it claims safe harbor under the Digital Millenium
Copyright Act. In particular, if you are a copyright owner or an agent thereof and
believe that any User Submission or other content infringes upon your copyrights,
you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA")
by providing our Copyright Agent (See below) with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
E. You understand that when using the Soundboard Website, you will be exposed to
User Submissions from a variety of sources, and that Soundboard is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Soundboard with respect thereto, and agree to indemnify
and hold Soundboard, its Owners/Operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to your use of
the site.
F. Soundboard permits you to link to materials on the Website for personal, non-commercial
purposes only.
G. EMBEDDING
Soundboard provides you with the ability to embed your personalized soundboard in
to your own blog, website or forum. You understand that all material which originates
from Soundboard is solely owned by Soundboard and that this includes all material
embedded in your own material even if you are the originator of the material and
submitted it to Soundboard for the purpose of being able to embed it in your own
site. Further, you acknowledge that Soundboards act of allowing you to place its
material and intellectual property in your site in no way transfers any rights title
or interest to said material.
H. DOWNLOADING / UPLOADING / EMBEDDING
If you decide to enable your soundboard(s) for download by others you hereby provide
an additional free license to those others for the use of your soundboard. In addition
you hereby indemnify Soundboard, Inc and any one who uses your soundboard for any
and all costs associated with their being sued if you have used the works of others
without permission or infringe on another person or entities’ work.
II – If you wish to embed a soundboard not created by yourself, you understand that
you are being provided a free license to use the soundboard and that you have no
ownership rights in the soundboard. If you are contacted by any third party claiming
ownership rights to the soundboard or anything embodied in the soundboard you must
immediately (1) take down the soundboard and (2) contact us at
[email protected] or through one of the other methods listed in CONTACT
below.
I. SUBSCRIPTION SALES
Subject to the terms and conditions set forth herein, Soundboard allows you to license
a subscription to your soundboards to third parties (any one that is not you or
Soundboard). Soundboard will pay you 70% of the yearly fee you charge to the licensing
third party. You warrant that you own all right, title and interest in and to any
soundboards you place within the Subscription system. If you breach this agreement
in any way, including, but not limited to, the placing of soundboards within the
subscription system in which you do not have all rights then you will forfeit all
associated income. You also agree to indemnify Soundboard for any costs, including,
but not limited to court fees, legal fees and any associated payments, associated
with such a breach. The standard term of each subscription shall be for one (1)
year, however you may modify this term as you like. The terms of this paragraph
shall be subsumed to all other terms herein.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Soundboard WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, SOUNDBOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. Soundboard MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE Soundboard WEBSITE. Soundboard DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE Soundboard WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND Soundboard WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL SOUNDBOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER THROUGH
NEGLIGENCE, GROSS NEGLIGENCE INTENTIONAL OR MALICIOUS ACTS OR OTHERWISE, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SOUNDBOARD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SOUNDBOARD SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Soundboard from its facilities in the United
States of America. Soundboard makes no representations that the Soundboard Website
is appropriate or available for use in other locations. Those who access or use
the Soundboard Website from other jurisdictions do so at their own volition and
are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless Soundboard, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the Soundboard Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; (iv) any claim that one of your User Submissions
caused damage to a third party or (v) any claims that you placed up for sale and
or sold soundboards which you did not have a right to sell. This defense and indemnification
obligation will survive these Terms of Service and your use of the Soundboard Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are over the age of 13,
as the Soundboard Website is not intended for children under 13. If you are
under 13 years of age, then please do not use the Soundboard Website—there are lots
of other great web sites for you. Talk to your parents about what sites are appropriate
for you.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Soundboard without restriction.
12. General
You agree that: (i) the Soundboard Website shall be deemed solely based in California;
and (ii) the Soundboard Website shall be deemed a passive website that does not
give rise to personal jurisdiction over Soundboard, either specific or general,
in jurisdictions other than California. These Terms of Service shall be governed
by the internal substantive laws of the State of California, without respect to
its conflict of laws principles. Any claim or dispute between you and Soundboard
that arises in whole or in part from the Soundboard Website shall be decided exclusively
by a court of competent jurisdiction located in San Mateo County, California. These
Terms of Service, together with the Privacy Notice at http://www.Soundboard.com/t/privacy
and any other legal notices published by Soundboard on the Website, shall constitute
the entire agreement between you and Soundboard concerning the Soundboard Website.
If any provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full force
and effect. No waiver of any term of this these Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and Soundboard's
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Soundboard reserves the right to
amend these Terms of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the Soundboard Website
following any amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND SOUNDBOARD AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SOUNDBOARD WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. YOU AGREE THAT IF A COURT OF COMPETENT JURISDICTION WISHES TO AWARD DAMAGES
AGAINST SOUNDBOARD THAT APPROPRIATE AND REASONABLE LIQUIDATED DAMAGES, IN LIEU OF
SUCH AN AWARD IS $500 INCLUDING ALL SUCH DAMAGES, COSTS, ATTORNEY’S FEES AND
ANY OTHER MONETARY AMOUNT.
1. Third party claims:
Please see CONTACT SOUNDBOARD for non-legal issues. If
there are legal issues please use at least two of the methods listed therein in
order to insure receipt.
Copyright Agent may be used as pertaining to DMCA notifications and other legal
complaints:
Stevan Lieberman
Greenberg & Lieberman, LLC
2141 Wisconsin Ave., NW Suite C2
Washington, D.C. 20007
Phone: 202-625-7000
Fax: 202-625-7001
Third parties that claim that any of the material on the soundboard.com website
is infringing their right must submit a claim of infringement which includes:
- Name of Company or Person who has the right to make a claim against the intellectual
property
- Your name and how you are associated with the above company
- Your and the company’s contact information (including email address)
- List of intellectual property right(s) at issue and jurisdictions in which registered
- If certain affiliates or partners are permitted to use the intellectual property,
list all company names in your letter.
- Include the following statement: “I have a good faith belief that use of the
above listed intellectual property are not authorized by the owner or its agent,
nor is such use otherwise permissible under law.”
- Include the statement: “I represent that the information in this notification
is true and correct and that I am authorized to act on behalf of the trademark owner.”
- Your signature and BLOCK PRINTED FULL NAME AND TITLE.
2. SoundBoard review.
After we have received a proper complaint, both the submitter of the complaint and
CLIENT will be sent an email with a copy of the complaint. CLIENT shall
be given five (5) days to respond and provide a counter notification.
3. Counter Notifications.
The administrator or the provider of affected content may make a counter notification
pursuant to §§512(g)(2) and (3) of the DMCA. When we receive a counter notification,
we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication
(by fax or regular mail -- not by email, except by prior agreement) that sets forth
the items specified below. Please note that you will be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that material is not infringing
the copyrights of others. Accordingly, we suggest that you first contact an attorney.
To expedite our ability to process your counter notification, please use the following
format (including section numbers):
1. Identify the material that we have removed or to which we have disabled access.
2. Provide your name, address, telephone number, email address, and a statement
that you consent to the jurisdiction of Luxembourg, and that you will accept service
of process from the person (or their agent) who provided notification under subsection
(c)(1)(C).
3. Include the following statement: "I swear, under penalty of perjury, that
I have a good faith belief that the material identified above was removed or disabled
as a result of a mistake or misidentification of the material to be removed or disabled,
or that the material identified by the complainant has been removed or disabled
and will no longer be shown."
4. Sign the document and send it to us at the above address as well as via email
or fax.
We strive to review all claims within ten (10) business days of when the complaint
was received. Review will be undertaken by an appropriate member of our
staff trained in intellectual property matters. We will issue our decision
to both you and the Client. In all likelihood we will pull down the SoundBoard if
there is a reasonable basis for Complainant’s basis to be true if only to
preserve our DMCA safe harbor rights.
4. SoundBoard decision.
You, the Client, agree that if the decision is made to remove the SoundBoard
from our Site that you will not hold us liable for pulling the material down under
any circumstances. You also understand that we will be required to provide your
information to the Complainant.
REPEAT INFRINGERS
We will, in appropriate circumstances, terminate repeat infringers. If
you believe that a user of our Site is a repeat infringer, please follow the instructions
above to contact us and provide information sufficient for us to verify that the
user is a repeat infringer.