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<br>
<p>DMCA Policy</p>
<p>The service provider
respects the intellectual property of others and expects users will do the
same. .
The policy of the service provider
is to respond to clear notices of alleged copyright infringement. .
The information in such notices should be in
conformance and compliance with the requirements of the United States Digital
Millennium Copyright Act (“DMCA”), including but not limited to:</p>
<p>
<u>Infringement
Notification</u>:</p>
<p>17 USC 512(c)(3)
Elements of notification.— </p>
<p>(A) To be
effective under this subsection, a notification of claimed infringement must be
a written communication provided to the designated agent of a service provider
that includes substantially the following: </p>
<p>(i) A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
</p>
<p>(ii)
Identification of the copyrighted work 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.
</p>
<p>(iii)
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 the service
provider to locate the material.
</p>
<p>(iv)
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.
</p>
<p>(v) A
statement that the complaining party 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.
</p>
<p>(vi) 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 owner of an exclusive right that is allegedly infringed.
</p>
<p>(B) </p>
<p>(i) Subject
to clause (ii), a notification from a copyright owner or from a person
authorized to act on behalf of the copyright owner that fails to comply
substantially with the provisions of subparagraph (A) shall not be considered
under paragraph (1)(A) in determining whether a service provider has actual
knowledge or is aware of facts or circumstances from which infringing activity
is apparent.
</p>
<p>(ii) In a
case in which the notification that is provided to the service provider’s
designated agent fails to comply substantially with all the provisions of
subparagraph (A) but substantially complies with clauses (ii), (iii), and (iv)
of subparagraph (A), clause (i) of this subparagraph applies only if the
service provider promptly attempts to contact the person making the
notification or takes other reasonable steps to assist in the receipt of
notification that substantially complies with all the provisions of
subparagraph (A).</p>
<p>Send the written
communications to the following address:</p>
<p>Lewis Kohn &.
Walker LLP</p>
<p>Attn: FileSpace DMCA Complaint</p>
<p>15030 Avenue of Science, Suite 201</p>
<p>San Diego, CA 92128</p>
<p>USA</p>
<p> </p>
<p>Without
admitting any liability for such alleged infringement under United States or
any other law, service provider’s response to these notices may include
removing or disabling access to material claimed to be the subject of
infringing activity and/or terminating the user account or user that made the
material available.
If service provider removes or disables access in response
to such a notice, service provider will take reasonable steps to notify the
user who made the claimed material available that service provider has removed
or disabled access to the material. .
Such
users may make a counter notification pursuant to the DMCA (see below).
As with
many legal notices, the notices and information regarding the notices may be
published to or by third parties (see e.g., www.chillingeffects.org).</p>
<p>
<u>Counter Notification</u>:</p>
<p>Pursuant to
the DMCA, the administrator of an affected site or the provider of affected
content may make a counter notification pursuant to United States Code Title 17
sections 512(g)(2) and (3) thereof, as provided below.
When service provider receives
a counter notification, service provider may reinstate the material in
question.</p>
<p>17 USC 512:</p>
<p>(g)
Replacement of Removed or Disabled Material and Limitation on Other Liability.—
</p>
<p>(1) No
liability for taking down generally.— Subject to paragraph (2), a service
provider shall not be liable to any person for any claim based on the service
provider’s good faith disabling of access to, or removal of, material or
activity claimed to be infringing or based on facts or circumstances from which
infringing activity is apparent, regardless of whether the material or activity
is ultimately determined to be infringing.
</p>
<p>(2)
Exception.— Paragraph (1) shall not apply with respect to material residing at
the direction of a subscriber of the service provider on a system or network
controlled or operated by or for the service provider that is removed, or to
which access is disabled by the service provider, pursuant to a notice provided
under subsection (c)(1)(C), unless the service provider— </p>
<p>(A) takes
reasonable steps promptly to notify the subscriber that it has removed or
disabled access to the material.
</p>
<p>(B) upon
receipt of a counter notification described in paragraph (3), promptly provides
the person who provided the notification under subsection (c)(1)(C) with a copy
of the counter notification, and informs that person that it will replace the
removed material or cease disabling access to it in 10 business days.
and </p>
<p>(C) replaces
the removed material and ceases disabling access to it not less than 10, nor
more than 14, business days following receipt of the counter notice, unless its
designated agent first receives notice from the person who submitted the
notification under subsection (c)(1)(C) that such person has filed an action
seeking a court order to restrain the subscriber from engaging in infringing
activity relating to the material on the service provider’s system or network.</p>
<p>(3) Contents
of counter notification.— To be effective under this subsection, a counter
notification must be a written communication provided to the service provider’s
designated agent that includes substantially the following: </p>
<p>(A) A
physical or electronic signature of the subscriber.
</p>
<p>(B)
Identification of the material 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.
</p>
<p>(C) A
statement under penalty of perjury that the subscriber has 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.
</p>
<p>(D) The
subscriber’s name, address, and telephone number, and a statement that the
subscriber consents to the jurisdiction of Federal District Court for the
judicial district in which the address is located, or if the subscriber’s
address is outside of the United States, for any judicial district in which the
service provider may be found, and that the subscriber will accept service of process
from the person who provided notification under subsection (c)(1)(C) or an
agent of such person.</p>
<p>Send the written
communications to the following address:</p>
<p>Lewis Kohn &.
Walker LLP</p>
<p>Attn: FileSpace DMCA Complaint</p>
<p>15030 Avenue of Science, Suite 201</p>
<p>San Diego, CA 92128</p>
<p>USA</p>
<br>
<p>Use our Contact Form</p>
<br>
<p>Or email to </p>
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