Reporting Copyright Infringement (DMCA Policy)
The Digital Millennium Copyright Act 17 U.S.C. Section 512 (“DMCA”) provides a legalprocedure by which you can request any service provider to disable access to a website whereyour copyrighted work(s) are appearing without your permission. This procedure requires thatYou send a written DMCA Notice of Alleged Infringement (“Infringement Notice”), as specifiedunder the DMCA and as set forth below, to our designated agent for notice of copyrightinfringement (“Designated Agent”). If You are a copyright owner, or are authorized to act onbehalf of a copyright owner, You can report any alleged copyright infringement You believe maybe occurring on this Website through any content submitted by any user of this Website(“Content”).This Policy follows the procedures provided in the DMCA, which prescribes a notice andtakedown procedure, subject to the registered user’s right to submit a counter-notificationclaiming lawful use of any disabled Content. We fully intend to comply with all provisions of theDMCA at all times as a “service provider” under the DMCA, including the required notice andtake down and counter-notification provisions. In the event any of the provisions in our policyconflict with any applicable requirements under the DMCA then the requirements under theDMCA shall supersede and control and the hereby incorporated into this policy by reference.Pursuant to our Content Submission Policy, You must comply with all applicable copyright andtrademark laws. However, if we are notified of any claimed copyright infringement, or otherwisebecome aware of facts and circumstances from which infringement is apparent, we will respondexpeditiously by removing the Content or disabling access to the Content that is the subject ofthe alleged infringing activity
Infringement Notice Contents: If You believe that any Content appearing on this Websiteconstitutes copyright infringement, you must submit the following information to us in writingconsistent with the DMCA: 1) an electronic or physical signature of any person authorized to acton behalf of the owner of the protected interest; 2) a brief description of the copyrighted workthat You claim has or is being infringed upon; 3) a description of the location on the Websitewhere any allegedly infringing Content may appear, including the URLs of web pages and/orhyperlinks; 4) Your address, telephone number, and email address; 5) a written statement byYou stating that You have a good faith belief that the allegedly infringing use is unauthorized; 6)a statement by You, under penalty of perjury, that the information contained in any notice to uspursuant to this Policy is accurate and that affirms that You are the copyright owner, or that Youare authorized to act on behalf of the copyright owner(s).
Contacting Our Designated Agent: If any of the Materials are used or displayed in any mannerthat is believed to constitute copyright infringement on this Website, You must send an emailnotice to email@example.com, our Designated Agent with the information required above. Sendyour Infringement Notice to our Designated Agent at firstname.lastname@example.org. Please use thefollowing subject line: “Notice of Infringement.”
Disputing Claims of Infringement: You may protest any alleged claim of infringement pursuant toany DMCA by submitting a counter-notification as described below. Anyone who has postedContent that allegedly infringes a copyright may send our Designated Agent a counter noticepursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Agentreceives your counter notice, the Designated Agent may, in its/his/her sole discretion, reinstatethe alleged infringing materials not less than 10 nor more than 14 calendar days after it receivesthe counter-notification, unless our Designated Agent receives notice from the claimant that theyhave filed a legal action to restrain the allegedly infringing activity. In some cases, where theinfringement is done knowingly, we reserve the right, in our sole discretion, to terminate the useraccount of any user who has submitted/posted infringing Content. This decision will be basedupon the facts and circumstances surrounding each instance of infringement. We will complywith the appropriate provisions of the DMCA in the event a counter-notification is received byour Designated Agent.In order to send a proper Counter-Notification, You must send a written notification to ourDesignated Agent including the following information:i. Identification of any Content that has been removed or to which access has been disabled onour Website and the location which the Content appeared before it was removed or access to itwas disabled;ii. State, under penalty of perjury, that You have a good faith belief that the Content wasremoved or disabled as a result of mistake or misidentification of the material to be removed ordisabled;iii. Provide Your name, address, telephone number and, if available, email address;iiii. State that You consent to the jurisdiction of the Federal District Court for the judicial district inwhich your address is located or, if your address is outside of the United States, for any judicialdistrict in which You may be found, and You will accept service of process from the complainingparty who notified us of the alleged infringement or an agent of such person.False or Misleading Notices: We shall determine the sole manner in which we decide to treatany non-compliant notices in whatever manner appears to be reasonable given the facts andcircumstances presented. Any claimant or user who submits a DMCA Notice,Counter-Notification or any other notice which contains any false or materially misleadinginformation will automatically forfeit any rights under this Policy and such notice shall beconsidered null and void by us.Notice to our Website Users: Pursuant to our Content Submission Policy, you are required touse only lawfully-acquired creative works as Content and your user account on this Websitemay be disabled and/or terminated upon receipt of any Infringement Notice that indicates thatinfringing material has been submitted or posted by You. However, You are afforded theopportunity to provide a response to any alleged claims of infringement, as set forth above. Wewill reinstate any allegedly infringing Content and/or reinstate access to your account on this
Website within a reasonable amount of time in the event we determine that reinstatement of theContent is warranted pursuant to the terms of this Policy.
Repeat Infringers: If any of our Website users violate this Policy or our Content SubmissionPolicy more than once, such users’ account/membership will be subject to immediatetermination. If you believe that any user of this Website is a repeat infringer, please contact ourDesignated Agent and provide information sufficient for us to verify that the account holder orsubscriber is a repeat infringer.
Merits of Claims of Infringement: You acknowledge and understand that we and/or ourDesignated Agent are not responsible for determining the merits of any claims of infringement ofthe Content submitted on this Website. We do not make any determinations based upon ourinterpretation of any relevant copyright or trademark laws or otherwise. We only respond to anyclaims of infringement according to the DMCA and according to this Policy as a “serviceprovider” within the meaning of the DMCA. Any determination to take down or reinstate anyalleged infringing Content is strictly based upon the procedures set forth in this Policy only.
Trademark/Service Mark Policy
If You believe that any Content appearing on this Website constitutes trademark or service markinfringement, you must provide us with the same information in writing consistent with ourDMCA Policy set forth above, except that all copyright information shall relate to the trademarkor service mark instead.
You agree that, in the event we receive a written “Cease and Desist” letter or other demand(“Notice”) alleging that any Content You have posted to this Website infringes upon, dilutes,tarnishes or otherwise violates the trademark/service mark rights of any third parties, we may inour sole discretion, remove or disable access to such Content until we receives either:
a. Written confirmation from the party sending such Notice that the Notice is withdrawn or hasbeen resolved; or
b. You submit sufficient evidence to satisfactorily rebut the allegations contained in suchDemand, the adequacy of such evidence to be determined by us in our sole discretion andwhich we may reject for any reason without penalty or liability to You. In order for us to acceptsuch rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
1. The information set forth in our DMCA Policy above for a valid Counter-Notification, exceptthat all copyright information shall relate to the trademark/service mark instead; and
2. An express, irrevocable and binding obligation pursuant to which You shall indemnify, defendand hold us harmless from any damages, costs, or expenses that we may incur, in any mannerwhatsoever, arising out of or in connection with the disputed Content and/or our restorationthereof.
As a condition of being permitted to post Content onto our Website, You acknowledge and
a. We are not under any obligation to restore access to any Content even if You provide arebuttal and that the determination of sufficiency of any` evidence provided in a rebuttal shall beat our sole discretion;
b. You expressly waive and disclaim any claim or potential claim against us related to or arisingout of our removal of or disabling of access to any Content in response to a Notice, includingwithout limitation any claim for lost revenue, lost profits and/or expenses. and,
c. The procedures of the DMCA apply only to copyrighted materials and expressly exclude anyother form of Intellectual property rights, including any rights in trademarks, service marksand/or trade names and that the foregoing process is intended only to provide a convenientmechanism for addressing such disputes and does not, and shall not be construed, as imposingupon us any of the obligations imposed under the DMCA whatsoever.