NOTE: Given that the SITE merely links to third party websites, it may not be possible for the SITE to successfully locate and notify the specific third party user responsible for the allegedly infringing content.If the SITE is unable to notify the user apparently responsible for generating the content, the SITE may instead notify the responsible user care of the operator of the third party website, as the user’s agent.A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice.
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 re-enable access to 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.
Further, nothing contained herein shall constitute waiver of any personal jurisdiction objections, or consent to the application of United States law or legal process, or that of any other foreign country, to the SITE’s operation.
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If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with 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) description of where the material that you claim is infringing is located on the SITE (preferably including specific url’s associated with the material); (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. Our Designated Agent is only authorized to receive DMCA Notices, and does not serve as a general agent or representative for any other purpose, absent express authorization from Us.: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys’ fees under U. As an information location tool service provider, “disabling of access” to material identified in a DMCA Notice shall typically mean that We remove the link to the allegedly infringing content found on a third party’s website, along with any affiliated linking or referential materials. 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.