Professional Documents
Culture Documents
DMCA
DMCA
DMCA
Notification of Copyright Infringement
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.
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.
Identify the copyrighted work that you claim has been infringed, or – if multiple
copyrighted works are covered by this Notice – you may provide a representative
list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing
activity) and that access to which is to be disabled, including at a minimum, if
applicable, the URL of the link shown on the Service where such material may be
found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the
copyrighted material is not authorized by the copyright owner, its agent, or the
law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty
of perjury, that I am the owner, or authorized to act on behalf of the owner, of
the copyright or of an exclusive right under the copyright that is allegedly
infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
Copyright Agent
www.eluxurysall.com DMCA Division
Counter Notices
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.
To provide a counter notice to our Designated Copyright Agent, please return the
following form to the Designated Copyright Agent. Please note that if you provide a
counter notice, in accordance with the our Privacy Policy (located at the site) and
the terms of the DMCA, the counter notice will be given to the complaining party.
COUNTER NOTICE
Identification of the material that has been removed or to which access has been
disabled on the service and the location at which the material appeared before it
was removed or access to it was disabled:
I hereby state under penalty of perjury that I 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.
Your name, address, telephone number and, if available, email address:
I hereby state that I consent to the jurisdiction of the Federal District Court for
the judicial district in which my address is located or, if my address is outside
of the United States, for any judicial district in which we may be found, and I
will accept service of process from the complaining party who notified us of the
alleged infringement or an agent of such person.
Your physical or electronic signature (full legal
name):____________________________
The Counter Notice should be delivered to our Designated Copyright Agent:
Copyright Agent
www.eluxurysall.com DMCA Division
Notification of Trademark Infringement
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:
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 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:
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.
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.