DMCA

Posted on

Notification of Copyright Infringement

We respect the mental property rights of others and expects our customers to do the identical. In accordance with the Digital Millennium Copyright Act of 1998, the textual content of which can be discovered on the U.S. Copyright Workplace web site at http://www.copyright.gov/legislation/dmca.pdf, we are going to reply expeditiously to claims of copyright infringement dedicated utilizing our service which are reported to our Designated Copyright Agent recognized within the pattern discover under.

In case you are a copyright proprietor, or are licensed to behave on behalf of 1 or licensed to behave underneath any unique proper underneath copyright, please report alleged copyright infringements going down on or by means of the location and repair (collectively the “Service”) by finishing the next DMCA Discover of Alleged Infringement and delivering it to our Designated Copyright Agent.

Upon receipt of Discover as described under, our Designated Copyright Agent will take no matter motion, in its sole discretion, it deems applicable, together with elimination of the challenged use from the Service and/or termination of the consumer’s account in applicable circumstances.

DMCA Discover of Alleged Infringement (“Discover”)

  • Determine the copyrighted work that you simply declare has been infringed, or – if a number of copyrighted works are lined by this Discover – chances are you’ll present a consultant record of the copyrighted works that you simply declare have been infringed.
  • Determine the fabric or hyperlink you declare is infringing (or the topic of infringing exercise) and that entry to which is to be disabled, together with at a minimal, if relevant, the URL of the hyperlink proven on the Service the place such materials could also be discovered.
  • Present your mailing deal with, phone quantity, and, if out there, e mail deal with.
  • Embody each of the next statements within the physique of the Discover:
    • “I hereby state that I’ve a superb religion perception that the disputed use of the copyrighted materials is just not licensed by the copyright proprietor, its agent, or the regulation (e.g., as a good use).”
    • “I hereby state that the data on this Discover is correct and, underneath penalty of perjury, that I’m the proprietor, or licensed to behave on behalf of the proprietor, of the copyright or of an unique proper underneath the copyright that’s allegedly infringed.”
  • Present your full authorized title and your digital or bodily signature.

Ship this Discover, with all gadgets accomplished, to our Designated Copyright Agent:

Copyright Agent
www.eluxurysall.com DMCA Division

Counter Notices

One who has posted materials that allegedly infringes a copyright might ship our Designated Copyright Agent a counter discover pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Copyright Agent receives a counter discover, it might in its discretion reinstate the fabric in query in not lower than 10 nor greater than 14 days after it receives the counter discover except it first obtain discover from the copyright claimant that they’ve filed a authorized motion to restrain the allegedly infringing exercise.

To offer a counter discover to our Designated Copyright Agent, please return the next type to the Designated Copyright Agent. Please be aware that should you present a counter discover, in accordance with the our Privateness Coverage (positioned on the web site) and the phrases of the DMCA, the counter discover might be given to the complaining get together.

COUNTER NOTICE

  • Identification of the fabric that has been eliminated or to which entry has been disabled on the service and the placement at which the fabric appeared earlier than it was eliminated or entry to it was disabled:
  • I hereby state underneath penalty of perjury that I’ve a superb religion perception that the fabric was eliminated or disabled on account of mistake or misidentification of the fabric to be eliminated or disabled.
  • Your title, deal with, phone quantity and, if out there, e mail deal with:
  • I hereby state that I consent to the jurisdiction of the Federal District Courtroom for the judicial district through which my deal with is positioned or, if my deal with is exterior of the USA, for any judicial district through which we could also be discovered, and I’ll settle for service of course of from the complaining get together who notified us of the alleged infringement or an agent of such individual.
  • Your bodily or digital signature (full authorized title):____________________________

The Counter Discover must be delivered to our Designated Copyright Agent:

Copyright Agent
www.eluxurysall.com DMCA Division

Notification of Trademark Infringement

Should you imagine that your trademark (the “Mark”) is being utilized by a consumer in a approach that constitutes trademark infringement, please present our Designated Copyright Agent (specified above) with the next data:

  • Your bodily or digital signature, or a bodily or digital signature of an individual licensed to behave in your behalf;
  • Data fairly adequate to allow it to contact you or your licensed agent, together with a reputation, deal with, phone quantity and, if out there, an e mail deal with;
  • Identification of the Mark(s) alleged to have been infringed, together with
    • for registered Marks, a replica of every related federal trademark registration certificates or
    • for widespread regulation or different Marks, proof adequate to determine your claimed rights within the Mark, together with the character of your use of the Mark, and the time interval and geographic space through which the Mark has been utilized by you;
  • Data fairly adequate to allow our Designated Copyright Agent to determine the use being challenged;
  • A press release that you haven’t licensed the challenged use, and that you’ve a good-faith perception that the challenged use is just not licensed by regulation; and
  • A press release underneath penalty of perjury that the entire data within the notification is correct and that you’re the Mark proprietor, or are licensed to behave on behalf of the Mark proprietor.

Upon receipt of discover as described above, our Designated Copyright Agent will search to verify the existence of the Mark on the Service, notify the registered consumer who posted the content material together with the Mark, and take no matter motion, in its sole discretion, it deems applicable, together with non permanent or everlasting elimination of the Mark from the Service.

A registered consumer might reply to note of takedown by displaying both (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered consumer has a trademark registration, an unexpired license masking the use, or another related proper to the Mark, or (c) that the use is for different causes proven by the registered consumer non-infringing. If the registered consumer makes an applicable displaying of both (a), (b) or (c) then our Designated Copyright Agent might train its discretion to not take away the Mark.

If our Designated Copyright Agent decides to adjust to a takedown request, it’s going to accomplish that inside a fairly expeditious time period. However the foregoing, our Designated Copyright Agent will comply as applicable with the phrases of any courtroom order referring to alleged trademark infringement on the Service.

Notification of Different Mental Property (“IP”) Infringement

Should you imagine that another IP proper of yours is being infringed by a consumer, please present our Designated Copyright Agent (specified above) with the next data:

  • Your bodily or digital signature, or a bodily or digital signature of an individual licensed to behave in your behalf;
  • Data fairly adequate to allow our Designated Copyright Agent to contact you or your licensed agent, together with a reputation, deal with, phone quantity and, if out there, an e mail deal with;
  • Identification of the IP alleged to have been infringed, together with (i) an entire description or clarification of the character of the IP, (ii) proof that you simply personal the IP within the related jurisdiction, together with copies of related patents, registrations, certifications or different documentary proof of your possession, and (iii) a displaying adequate for our Designated Copyright Agent to find out with out unreasonable effort that the IP has been infringed;
  • Data fairly adequate to allow our Designated Copyright Agent to determine the use being challenged;
  • A press release that you haven’t licensed the challenged use, and that you’ve a good-faith perception that the challenged use is just not licensed by regulation; and
  • A press release underneath penalty of perjury that the entire data within the notification is correct and, that you’re the IP proprietor, or are licensed to behave on behalf of the IP proprietor.

Upon receipt of discover as described above, our Designated Copyright Agent will search to verify the existence of the IP on the Service, notify the registered consumer who posted the content material together with the IP, and take no matter motion, in its sole discretion, it deems applicable, together with non permanent or everlasting elimination of the IP from the Service.

A registered consumer might reply to note of takedown by displaying both (a) that the claimant doesn’t personal the IP or (b) that the IP is just not infringed. If the registered consumer succeeds in displaying both (a), (b) or (c) then our Designated Copyright Agent might train its discretion to not take away the IP.

If our Designated Copyright Agent decides to adjust to a takedown request, it’s going to accomplish that inside a fairly expeditious time period.

We Have No Obligation to Adjudicate IP Claims – Person’s Settlement to Maintain Us Innocent From Claims

Claimants and customers should perceive that we’re not an mental property tribunal. Whereas we and our Designated Copyright Agent might in our discretion use the data offered in an effort to determine how to reply to infringement claims, we’re not accountable for figuring out the deserves of such claims. If a consumer responds to a declare of infringement by offering assurances that its content material is just not infringing, the consumer agrees that if we thereafter restore or keep the content material, the consumer will defend and maintain us innocent from any ensuing claims of infringement introduced in opposition to us and our Designated Copyright Agent.