We respect the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our service that are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the site and service (collectively the “Service”) by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.
Upon receipt of Notice as described below, our Designated Copyright Agent will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service and/or termination of the user’s account in appropriate circumstances.
c/o Dawn Sears.com
a/n Dawn Sears
One who has posted material that allegedly infringes a copyright may send our Designated Copyright Agent a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Copyright Agent receives a counter notice, it may in its discretion reinstate the material in question in not less than 10 nor more than 14 days after it receives the counter notice unless it first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity.
The Counter Notice should be delivered to our Designated Copyright Agent:
c/o Dawn Sears.com
a/n Dawn Sears
If you believe that your trademark (the “Mark”) is being used by a user in a way that constitutes trademark infringement, please provide our Designated Copyright Agent (specified above) with the following information:
Upon receipt of notice as described above, our Designated Copyright Agent will seek to confirm the existence of the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Service.
A registered user may respond to notice of takedown by showing either (a) that the 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 Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b) or (c) then our Designated Copyright Agent may exercise its discretion not to remove the Mark.
If our Designated Copyright Agent decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, our Designated Copyright Agent will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service.
If you believe that some other IP right of yours is being infringed by a user, please provide our Designated Copyright Agent (specified above) with the following information:
Upon receipt of notice as described above, our Designated Copyright Agent will seek to confirm the existence of the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service.
A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then our Designated Copyright Agent may exercise its discretion not to remove the IP.
If our Designated Copyright Agent decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
Claimants and users must understand that we are not an intellectual property tribunal. While we and our Designated Copyright Agent may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us and our Designated Copyright Agent.
Monday, October 8th 2018 - 00:04:23 PM
Welcome tohttp://louiesantaguida.com (the ”Site”).We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices through our Contact page. Please send by email for prompt attention.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Counter Notification – Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you 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.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
5. Send your counter notice through our Contact page. Email is highly recommended.
Repeat Infringer Policy
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.
All graphics and other visual elements as well as any sign reproduced on the display products reproduced on the Website belong to their respective owners and users and is provided AS IS for your personal information only. Copyright © 2004–2018 Dawn Sears.