Legal

1. Acceptance of the Terms of Service.

1. This Terms of Service (“Terms of Service,” or “Terms”) are entered into by and between you and nQuest Corporation (“Company”). These Terms govern your access to and use of https://nquest.io, including any content, functionality, and services (“Services”) offered on or through https://nquest.io, its' associated Application Programming Interfaces (the “Website”), or the nQuest Desktop App (“Desktop App”), whether as a registered member of the Services (“Member”) or as a guest.
2. Please read these Terms carefully before you start to use the Website or Services. By virtue of you using the Website or Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.nquest.io/legal?tab=privacy-policy (“Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website or Service.
3. The Website and Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Website or Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.

2. License

Subject to and conditioned on your payment of fees (if any) and compliance with all terms and conditions of these Terms, Company hereby grants you a non-exclusive, non-transferable license during the term to access and use the Website or Services solely for your internal use.

3. Commercial Use of Service

If you are using and/or accessing the Website or Service on behalf of a company, entity, or organization (“Subscribing Entity”), you represent and warrant that: (i) you are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the Subscribing Entity.

4. Restrictions.

You shall not use the Website or Service for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Website or Service, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or Service; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website or Service, in whole or in part; (iv) remove any proprietary notices from the Website or Service; (v) use the Website or Service in a manner that compromises the integrity or security of Website or the confidentiality of other users of the Website or Service; (vi) use the Website or Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vii) collect usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email; (viii) unauthorized framing of or linking to the Service or Website; (ix) sharing or disclosing your username or password to any third party or permitting any third party to access your account; (x) attempting to impersonate another user or person; (xi) use of the Service or Website in any fraudulent or misleading manner; (xii) any automated use of the Services, such as scraping the Service or Website, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like; (xiii) interfering with, disrupting, or creating an undue burden on the Service or Website or the networks or services connected to any of the foregoing; and (xiv) using the Service or Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service or Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Company, which may be revoked at any time, for any reason, in Company's sole discretion.

5. Modification of the Terms.

The Company may revise and update these Terms from time to time in Company's sole discretion. All changes are effective immediately when Company posts them, and apply to all access to and use of the Website or Service thereafter. If you've registered an account with Company, the Company will notify you when it makes any changes to these Terms.

6. Accessing the Website and Account Security.

1. Website/Service Availability. Company reserves the right to withdraw or modify the Website or Service, and any service or material Company provides on the Website or Service, in Company's sole discretion. Company will not be liable if for any reason all or any part of the Website or Service is unavailable at any time or for any period. From time to time, Company may restrict user access, including registered user access, to some parts of the Website or Service, or the entire Website or Service.
2. Your Obligations. You are responsible for: (i) ensuring that all persons who access the Website or Service through your internet connection are aware of these Terms and comply with them; (ii) immediately notify Company upon becoming aware of any actual or threatened unauthorized use of or access to the Website, Service or any User Data; (iii) taking all steps necessary to terminate or mitigate such actual or threatened unauthorized use upon becoming aware; and (iv) reasonably cooperating with Company and provide reasonable assistance related to any such unauthorized use as Company may reasonably request.
3. Security. To access the Website, Service, or some of the resources offered therein, you may be asked to provide certain registration details, such as username, password, or other information. You agree that all information you provide to register with the Website or Service or otherwise, including, but not limited to, through the use of any interactive features on the Website or Service, is governed by Company's Privacy Policy https://www.nquest.io/legal?tab=privacy-policy, and you consent to all actions Company takes with respect to your information consistent with Company's Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of Company's security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, Service, or portions of either using your username, password, or other security information. You agree to notify Company immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Company has the right to disable any username, password, or other identifier, whether chosen by you or provided by Company, at any time in Company's sole discretion for any or no reason, including if, in Company's opinion, you have violated any provision of these Terms.

7. Intellectual Property Rights.

1. The Website and Service. The Website, Service, and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) therein are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. User Data. You are and will remain the sole and exclusive owner of all right, title and interest in and to all User Data. You grant Company a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the User Data and perform all acts with respect to the User Data as may be necessary for Company, Company's personnel, and Company's authorized third parties to provide the Website or Service, including, but not limited to, maintenance of the Website or Service and your account, improving search and tagging functions with your account, and supporting the integrity of the Website or Service and data processing systems. You hereby irrevocably grant all such rights and permissions in or relating to User Data as are necessary or useful for Company in providing the Website or Service.

8. Confidentiality.

1. Definition. The term “Confidential Information” means non-public technical, business or financial information and materials disclosed by you or Company to the other party, whether orally or in writing, that is designated or identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances surrounding the disclosure. User Data constitutes User Confidential Information. Notwithstanding the foregoing, the content of the Website or Service, and any associated pricing, documentation, product roadmaps, business and marketing plans, and any information related to the foregoing constitutes the Confidential Information of Company. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to disclosing party; (ii) was known to the receiving party prior to its disclosure by the disclosing party without restriction on use or disclosure;(iii) was independently developed by the receiving party without breach of any obligation owed to disclosing party; or (iv) is rightfully received from a third party without restriction on use or disclosure.
2. Obligations. Both Parties agree to keep the other party's Confidential Information in confidence and protect such Confidential Information from disclosure to any third party, other than as expressly set forth in these Terms and to limit access to the other party's Confidential Information to such of its personnel, agents, subcontractors, suppliers and/or consultants (“Representatives”), if any, who have a need to access such information in accordance with the terms of this Agreement, provided that each party shall remain directly liable to the other party for any act or omission of its Representatives that would be a breach of these Terms if the act or omission was performed by the associated party. Each party agrees that to only use the other party's Confidential Information in furtherance of these Terms, and for no other reason. Upon termination of these Terms, each party agrees to cease using and delete (or destroy) the other party's Confidential Information in its possession or control.
3. Compelled Disclosures. Notwithstanding the foregoing, Company reserves the right to disclose Confidential Information in response to an order of a court or other governmental body of competent authority or as otherwise required by law or regulation to be disclosed (“Compelled Disclosure”), provided that, Company will use reasonable efforts to provide you with prior notice (to the extent legally permitted) in order to afford you an opportunity to seek a protective order or otherwise challenge the Compelled Disclosure. You are responsible for any expenses incurred in seeking to prevent a Compelled Disclosure. After provision of such prior notice, Company will not be liable if Company complies with the disclosure after giving you a reasonable amount of time to respond.

9. User Data.

The Website or Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow you to input, post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) information, data, content or materials (collectively, “User Data”) on or through the Website or Service. By providing any User Data on the Website or Service, you grant Company and Company's affiliates and service providers a non-exclusive right and license to use, reproduce, modify, perform, display, and distribute the User Data to provide the Company's services to you. You represent and warrant that: (A) you own or control all rights in and to the User Data and have the right to grant the license granted above to Company and our affiliates and service providers; and (B) all of your User Data do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Data you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Company is not responsible or liable to any third party for the content or accuracy of any User Data posted by you or any other user of the Website or Service.

10. Website/Service Monitoring.

Company does not undertake to review all material before it is posted on the Website or Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company shall assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. However, Company reserves the right to:

1. remove or refuse to post any User Data for any or no reason in Company's sole discretion;
2. take any action with respect to any User Data that Company deem necessary or appropriate in Company's sole discretion, including if Company believes that such User Data violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or Service or the public, or could create liability for the Company;
3. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
4. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Service;
5. terminate or suspend your access to all or part of the Website or Service for any or no reason, including without limitation, any violation of these Terms; and
6. cooperate fully with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Website or Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

11. Term and Termination.

1. Term. These Terms will remain in effect until terminated by either you or Company as set out below (“Term”).
2. Termination.
   1. Material Breach/Bankruptcy. Either party may terminate these Terms for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
   2. If these Terms are terminated by you for cause in accordance with Section 11.B.i., you shall be entitled to a refund of any prepaid fees covering the remainder of the term after the effective date of termination. If this Agreement is terminated by Company in accordance with the Section 11.B.i., you will pay any unpaid fees covering the remainder of the term. In no event will termination relieve you of your obligation to pay any fees payable to Company for the Term.
   3. Export and Destruction of User Data. During the Term, and so long as you are in compliance with these Terms, you will have the ability to export or retrieve User Data from the Website or Service at any time, and Company will make User Data available to you for export or download for up to thirty (30) days after expiration of these Terms. After such 30-day period, Company will have no obligation to maintain or provide any User Data, and will thereafter delete or destroy all copies of User Data in its systems or otherwise in its possession or control, unless legally prohibited. You acknowledge that it is your sole responsibility to ensure it maintains a separate system to retain the User Data as required.
   4. Survival. Sections 6, 7, 8, 10, 16, 17, and 18 shall survive termination or expiration of these Terms.

12. Membership; Pricing; Charges on Your Account.

1. General. The billing policies that are disclosed to you in subscribing to the Service are deemed part of these Terms. You are solely responsible for all taxes associated with your use of the Website and Service. All payments are due within seven (7) days of the due date, except if a specific contract with Company specifies otherwise.
2. Billing. Company bills you through an online account (“Billing Account”) for use of the Service. You agree to pay all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Company to charge your chosen payment provider (“Payment Method”) for the Service. You agree to make payment using that selected payment method.
3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
4. Accurate Information Required. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY COMPANY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. IF YOU FAIL TO PROVIDE COMPANY ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT COMPANY MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY COMPANY).

13. Third-Party Content

Company may provide third-party content on the Service or Website and may provide links to webpages and content of third parties (collectively, “Third-Party Content”). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Company is not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.

14. Reliance on Information Posted.

The information presented on or through the Website or Service is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Service, or by anyone who may be informed of any of its contents. The Website and Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15. Changes to the Website/Service.

The Company may update the content on the Website or Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Service may be out of date at any given time, and Company is under no obligation to update such material.

16. Information About You and Your Visits to the Website.

All information Company collects on the Website or Service is subject to Company's Privacy Policy. By using the Website or Service, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.

17. Geographic Restrictions

The owner of the Website or Service is based in the State of California in the United States. Company provides the Website and Service for use only by persons located in the United States. Company makes no claims that the Website or Service or any of its content is accessible or appropriate outside of the United States. Access to the Website or Service may not be legal by certain persons or in certain countries. If you access the Website or Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties.

You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website or Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Company's Website for Service or any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT COMPANY'S WEBSITE, SERVICE, OR THE SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or any applicable law, your infringement, misappropriation, or violation of the right of any third party, or your use of the Website or Service, including, but not limited to, your User Data, any use of the Website's or Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website or Service.

21. Governing Law and Jurisdiction.

All matters relating to the Website, Service, and/or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms, Service, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.

23. Waiver and Severability.

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

24. Entire Agreement.

The Terms and the Company's Privacy Policy, and any Data Licensing Agreement executed between the parties, shall constitute the sole and entire agreement between you and Company regarding the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

25. DMCA — Copyright Infringement Notification.

The Website and Service is operated by nQuest Corporation, 3001 Bishop Drive, Ste 300, San Ramon, CA 94583. Company has registered as an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protection of the safe harbors in the Act. Company reserves the right to remove any User Data that allegedly infringes another person's copyright. Company will terminate, in appropriate circumstances, access to the Website or Service to repeat infringers of any other person's copyright. Notices to Company regarding any alleged copyright infringement should be directed to: support@nquest.io. You are required to include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 or Service; 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.