Effective Date: June 1, 2013
1. Our Designated Agent to Receive Notifications of Infringement Under the DMCA
If you believe that your work has been copied or used within the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you or your authorized representative may provide us with a written communication or notice, which is intended to be consistent with the notice requirements under the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512(c)(3) (the “DMCA Notice”). If applicable, we will respond to notices in a form provided by other jurisdictions as well. The DMCA Notice should be sent to Gregg Garfinkel who is the Company’s “Designated Agent” and can be contacted as follows:
2. Notice of Infringement
The DMCA Notice to the Designated Agent should include the following:
Please note that a sender of a DMCA Notice may be liable for damages, including court costs and attorneys’ fees, if the sender materially misrepresents that content made available through the Service infringes upon the copyright of another.
If you believe in good faith that a DMCA Notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must be sent to our Designated Agent and must include the following:
4. Termination Under Our DMCA Policy
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts for users of the Service who are deemed to be repeat infringers. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to a DMCA Notice may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.