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Notification of Copyright Infringement
We respect the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), which may be reviewed here, we will, upon receipt of proper notification to its Designated Copyright Agent from a copyright holder, authorized agent or authorized licensee of an infringement take steps to expeditiously remove infringing content. We will notify the User of the removal. In appropriate circumstances, we will also terminate users whom it determines to be repeat infringers.
Notice should be delivered to:Copyright Agent
234 5th Avenue, #413
or via email to firstname.lastname@example.org
Proper notification must include the following:
- Identification of 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 of the copyrighted works that you claim have been infringed.
- Identification of User Generated Content you claim is infringing, access to which you request is to be disabled, including at a minimum, if applicable, the URL of the page or other information sufficient to allow us to locate the User Generated Content at issue.
- Your mailing address, telephone number, and email address.
The following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of 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 of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Your full legal name and your electronic or physical signature.
If you are responsible for material that has been removed and you receive a notice from us of such removal, you may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. Upon receipt of a proper counter-notice, we may reinstate the material in question. To provide a counter notice to us, please deliver a notification to Copyright Agent.
Proper counter-notification must include the following:
- 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 access to it was disabled.
- A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- "I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which we may be found, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person."
- Your name, address, telephone number and, if available, email address.
- Your physical or electronic signature (full legal name).
We may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize us to release information about you if required by law or subpoena, without notice to you.
You agree that you, and not us, are responsible for any violations of any intellectual property rights in any content that you upload to the Site.
Notification of Trademark Infringement
If you believe that your trademark is being used by a user in a way that constitutes trademark infringement, please provide our Copyright Agent (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit us to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
- Identification of the mark you claim has been infringed (the "Infringed Mark"), including (i) for registered Infringed Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law Infringed Marks, evidence sufficient to establish the time period and geographic area in which the Infringed Mark has been used by you;
- Information reasonably sufficient to permit us 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 that the information in the notification is accurate and, under penalty of perjury, that you are the Infringed Mark owner, or are authorized to act on behalf of the Infringed Mark owner.
Upon receipt of notice as described above, we will take steps to confirm the existence of the Infringed Mark on the Site, notify the User who posted the Infringed Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Infringed Mark from the Site. A User may respond to notice of takedown by showing either (a) that the Infringed 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 Infringed Mark. If the User shows either (a) or (b) to our satisfaction, then we will not remove or will repost the Infringed Mark. If we decide to comply with a takedown request, it will do so within a commercially reasonable time after receipt of the notice.
Notwithstanding the foregoing, we will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Platform.
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