Digital Millenium Copyright Act
We respect the intellectual property of others, and we ask our users to do the same. On this page, you will find information about copyright infringement procedures and policies that apply to Puddletown Reviews.
Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. We are entitled to claim immunity from said infringement claims by the “safe harbor” provisions of the DMCA.
Notification of Copyright Infringement
If you are a copyright owner (or an agent of a copyright owner) and believe any user material posted on this site infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the DMCA by sending an e-mail to our Designated Copyright Agent (see below) containing the following information:
- A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.
- A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our website (such as the URL of the page on which of the infringing material in question).
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
- The notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the 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).
Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the e-mail address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.
We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.
Counter Notification and Restoration of Material
If you have received a notice of material being taken down because of a copyright infringement claim, you may provide counter notification in an effort to have the material in question restored to the site. Said counter notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC §512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- 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.
- 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 the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
- If we receive a Counter Notification from you, we may forward it to the party who submitted the original Notification of Claimed Infringement. The Counter Notification we forward may include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having your information revealed in this way. We will not forward the Counter Notification to any party other than the original claimant unless required or expressly permitted to do so by law.
After we send out the Counter Notification, the original claimant must respond to us within 10 business days stating he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our web site.
We suggest that you consult your legal advisor before filing a Counter Notification of Copyright Infringement. Please note that you may be liable for damages if you make a false claim. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Repeat Infringers – Termination of Subscriber Accounts
It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others or of Puddletown Reviews.
Modifications to DMCA Policy
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.
Designated Copyright Agent Contact Information
Notices with respect to this web site should be sent through our Contact Page. Please note in the subject field “DMCA Notice.”
The Designated Copyright Agent should be contacted only about notices regarding alleged copyright. Any other feedback, comments, and other communications should bear a subject other than “DMCA Notice.”
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