Notice of Claimed Infringement
The SITE respects the intellectual property
of others, and we ask our users to do the same. We voluntarily observe and
comply with the
United
States
’ Digital Millennium Copyright
Act. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide the SITE’s Designated Copyright Agent
the following information:
(a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
(b) description of the copyrighted work or other
intellectual property that you claim has been infringed;
(c) a description of where the
material that you claim is infringing is located on the SITE;
(d) your address, telephone number, and email address;
(e) 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; and
(f) a statement by you, made
under penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs,
FL
32714
Fax: (407) 774-6151
Notice@DMCANotice.com
Please do
not send other inquires or information to our Designated Agent.
Notification and Take Down Procedures
The Site implements the following “notification and
takedown” procedure upon receipt of any notification of claimed copyright
infringement. The Site reserves the right at any time to disable access to, or
remove any material or activity accessible on or from any Site or any Materials
claimed to be infringing or based on facts or circumstances from which
infringing activity is apparent. It is the firm policy of the Site to terminate
the account of repeat copyright infringers, when appropriate, and the Site will
act expeditiously to remove access to all material that infringes on another’s
copyright, according to the procedure set forth in 17
U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The Site’s DMCA
Notice Procedures are set forth in the preceding paragraph. If the notice does
not comply with §512 of the DMCA, but does comply with three requirements for
identifying sites that are infringing according to §512 of the DMCA, the Site
shall attempt to contact or take other reasonable steps to contact the
complaining party to help that party comply with the notice requirements. When
the Designated Agent receives a valid notice, the Site will expeditiously
remove and/or disable access to the infringing material and shall notify the
affected user. Then, the affected user may submit a counter-notification to the
Designated Agent containing a statement made under penalty of perjury that the
user has a good faith belief that the material was removed because of
misidentification of the material. After the Designated Agent receives the
counter-notification, it will replace the material at issue within 10-14 days
after receipt of the counter-notification unless the Designated Agent receives
notice that a court action has been filed by the complaining party seeking an
injunction against the infringing activity. The Site reserves the right to
modify, alter or add to this policy, and all users should regularly check back
to these Terms and Conditions to stay current on any such changes.
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DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement ("Notice")
feels that the Notice is erroneous or false, and/or that allegedly infringing
material has been wrongly removed in response to a Notice as outlined in
Section 5.12 above, the Recipient is permitted to submit a counter-notification
pursuant to Section 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method
for the Recipient to dispute the removal or disabling of material pursuant to a
Notice. The information that a Recipient
provides in a counter-notification must be accurate and truthful, and the
Recipient will be liable for any misrepresentations which may cause any claims
to be brought against Us relating to the Content.
To submit a counter-notification, please provide Our
Designated Copyright agent the following information:
A. A specific
description of the material that was removed or disabled pursuant to the
Notice.
B. A description of
where the material was located within the Site or the Content before such
material was removed and/or disabled. Please provide the specific URL if possible.
C. A statement reflecting
the Recipient's belief that the removal or disabling of the material was done
so erroneously. For convenience, the
following format may be used:
“I swear, under
penalty of perjury, that I have a good faith belief that the referenced
material was removed or disabled by the service provider as a result of mistake
or misidentification of the material to be removed or disabled.”
D. The Recipient's
physical address, telephone number, and email address. Written notification containing the above
information must be signed and sent to:
Lawrence G. Walters, Esquire
Weston, Garrou, Walters & Mooney
781 Douglas Ave.
Altamonte Springs, FL 32714
Fax: (407) 774-6151
Alternately, to email the above information, You must digitally sign the email and send it to: Notice@DMCANotice.com Do not send any other information or material
to the DMCA Agent.
After receiving a DMCA-compliant counter-notification, Our
Designated Copyright Agent will forward it to Us, and
We will then provide the counter-notification to the entity who first provided
the Notice concerning material in the Recipient's Content.
Additionally, within ten to fourteen (10-14) days of Our
receipt of the counter-notification, We will replace or cease disabling access
to the disputed material provided that We or Our Designated Copyright Agent
have not received notice from the entity who first provided the Notice that
such entity has filed a legal action pertaining to the disputed material.
The Site reserves the right to modify, alter or add to this
policy, and all users should regularly check back regularly to stay current on
any such changes.