Company has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512. The contact information for Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy, and is on file with the United States Copyright Office. Company takes copyright and other intellectual property rights very seriously. It is Company’s policy to (1) expeditiously block access to or remove content that it believes in good faith may contain material that infringes the copyrights of third parties and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringement:
If you believe that content residing on or accessible through the Company website or service infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Designated Agent listed below (consult legal counsel or refer to 17 U.S.C. 512(c) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of the copyrighted works claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
- Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address;
- A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if Company otherwise comes to believe in good faith that an image on the Company service may contain material that infringes copyright, it is Company’s policy:
- to remove or disable access to the content identified in the notice of claimed infringement;
- to notify the content provider, member or user that it has removed or disabled access to the content; and
- in appropriate circumstances, to terminate access to the website by members who are repeat infringers.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user may send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the content 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 under penalty of perjury that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for Orange County, Florida, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Suzanne D. Meehle, Esq.
The Meehle Law Firm, P.A.
115 Maitland Avenue
Altamonte Springs, FL 32701
Phone: (407) 792-0786
Fax: (866) 218-1628