DMCA

Notification Copyright Infringement

We respect the intellectual property rights others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act 1998, the text which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims copyright infringement committed using our service that are reported to our Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the site and service (collectively the “Service”) by completing the following DMCA Notice Alleged Infringement and delivering it to our Designated Copyright Agent.

Upon receipt Notice as described below, our Designated Copyright Agent will take whatever action, in its sole discretion, it deems appropriate, including removal the challenged use from the Service and/or termination the user’s account in appropriate circumstances.

DMCA Notice Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL the link shown on the Service where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both the following statements in the body the Notice:
- “I hereby state that I have a good faith belief that the disputed use the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty perjury, that I am the owner, or authorized to act on behalf the owner, the copyright or an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Counter Notices

One who has posted material that allegedly infringes a copyright may send our Designated Copyright Agent a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) the DMCA. When our Designated Copyright Agent receives a counter notice, it may in its discretion reinstate the material in question in not less than 10 nor more than 14 days after it receives the counter notice unless it first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity.

To provide a counter notice to our Designated Copyright Agent, please return the following form to the Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the our Privacy Policy (located at the site) and the terms the DMCA, the counter notice will be given to the complaining party.

COUNTER NOTICE

Identification the material that has been removed or to which access has been disabled on the service and the location at which the material appeared before it was removed or access to it was disabled:
I hereby state under penalty perjury that I have a good faith belief that the material was removed or disabled as a result mistake or misidentification the material to be removed or disabled.
Your name, address, telephone number and, if available, email address:
I hereby state that I consent to the jurisdiction the Federal District Court for the judicial district in which my address is located or, if my address is outside the United States, for any judicial district in which we may be found, and I will accept service process from the complaining party who notified us the alleged infringement or an agent such person.
Your physical or electronic signature (full legal name):____________________________

The Counter Notice should be delivered to our Designated Copyright Agent:

Notification Trademark Infringement

If you believe that your trademark (the “Mark”) is being used by a user in a way that constitutes trademark infringement, please provide our Designated Copyright Agent (specified above) with the following information:

Your physical or electronic signature, or a physical or electronic signature a person authorized to act on your behalf;
Information reasonably sufficient to permit it to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
Identification the Mark(s) alleged to have been infringed, including
- for registered Marks, a copy each relevant federal trademark registration certificate or
- for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature your use the Mark, and the time period and geographic area in which the Mark has been used by you;
Information reasonably sufficient to permit our Designated Copyright Agent to identify the use being challenged;
A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
A statement under penalty perjury that all the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf the Mark owner.

Upon receipt notice as described above, our Designated Copyright Agent will seek to confirm the existence the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal the Mark from the Service.

A registered user may respond to notice takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing either (a), (b) or (c) then our Designated Copyright Agent may exercise its discretion not to remove the Mark.

If our Designated Copyright Agent decides to comply with a takedown request, it will do so within a reasonably expeditious period time. Notwithstanding the foregoing, our Designated Copyright Agent will comply as appropriate with the terms any court order relating to alleged trademark infringement on the Service.

Notification Other Intellectual Property (“IP”) Infringement

If you believe that some other IP right yours is being infringed by a user, please provide our Designated Copyright Agent (specified above) with the following information:

Your physical or electronic signature, or a physical or electronic signature a person authorized to act on your behalf;
Information reasonably sufficient to permit our Designated Copyright Agent to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
Identification the IP alleged to have been infringed, including (i) a complete description or explanation the nature the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies relevant patents, registrations, certifications or other documentary evidence your ownership, and (iii) a showing sufficient for our Designated Copyright Agent to determine without unreasonable effort that the IP has been infringed;
Information reasonably sufficient to permit our Designated Copyright Agent to identify the use being challenged;
A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
A statement under penalty perjury that all the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf the IP owner.

Upon receipt notice as described above, our Designated Copyright Agent will seek to confirm the existence the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal the IP from the Service.

A registered user may respond to notice takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then our Designated Copyright Agent may exercise its discretion not to remove the IP.

If our Designated Copyright Agent decides to comply with a takedown request, it will do so within a reasonably expeditious period time.

We Have No Obligation to Adjudicate IP Claims – User’s Agreement to Hold Us Harmless From Claims

Claimants and users must understand that we are not an intellectual property tribunal. While we and our Designated Copyright Agent may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits such claims. If a user responds to a claim infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims infringement brought against us and our Designated Copyright Agent.

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DMCA