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’ll reply expeditiously to claims of copyright infringement dedicated utilizing our service which can be reported to our Designated Copyright Agent recognized within the pattern discover beneath.

If you’re 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 beneath, our Designated Copyright Agent will take no matter motion, in its sole discretion, it deems applicable, together with removing of the challenged use from the Service and/or termination of the consumer’s account in applicable circumstances.

DMCA Discover of Alleged Infringement (“Discover”)

  • Establish the copyrighted work that you simply declare has been infringed, or – if a number of copyrighted works are lined by this Discover – it’s possible you’ll present a consultant checklist of the copyrighted works that you simply declare have been infringed.
  • Establish 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 handle, phone quantity, and, if out there, electronic mail handle.
  • Embody each of the next statements within the physique of the Discover:
    • “I hereby state that I’ve an excellent religion perception that the disputed use of the copyrighted materials isn’t licensed by the copyright proprietor, its agent, or the regulation (e.g., as a good use).”
    • “I hereby state that the knowledge 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 identify 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 could 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 could in its discretion reinstate the fabric in query in not lower than 10 nor greater than 14 days after it receives the counter discover until it first obtain discover from the copyright claimant that they’ve filed a authorized motion to restrain the allegedly infringing exercise.

To supply a counter discover to our Designated Copyright Agent, please return the next type to the Designated Copyright Agent. Please be aware that in the event you present a counter discover, in accordance with the our Privateness Coverage (situated on the website) and the phrases of the DMCA, the counter discover can be given to the complaining occasion.

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 an excellent religion perception that the fabric was eliminated or disabled because of mistake or misidentification of the fabric to be eliminated or disabled.
  • Your identify, handle, phone quantity and, if out there, electronic mail handle:
  • I hereby state that I consent to the jurisdiction of the Federal District Courtroom for the judicial district during which my handle is situated or, if my handle is outdoors of the US, for any judicial district during which we could also be discovered, and I’ll settle for service of course of from the complaining occasion who notified us of the alleged infringement or an agent of such individual.
  • Your bodily or digital signature (full authorized identify):____________________________

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

Copyright Agent
www.eluxurysall.com DMCA Division

Notification of Trademark Infringement

For those who consider 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;
  • Info moderately adequate to allow it to contact you or your licensed agent, together with a reputation, handle, phone quantity and, if out there, an electronic mail handle;
  • 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 ascertain your claimed rights within the Mark, together with the character of your use of the Mark, and the time interval and geographic space during which the Mark has been utilized by you;
  • Info moderately adequate to allow our Designated Copyright Agent to determine the use being challenged;
  • An announcement that you haven’t licensed the challenged use, and that you’ve a good-faith perception that the challenged use isn’t licensed by regulation; and
  • An announcement underneath penalty of perjury that all the 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 substantiate 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 short-term or everlasting removing of the Mark from the Service.

A registered consumer could 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 protecting 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 could train its discretion to not take away the Mark.

If our Designated Copyright Agent decides to adjust to a takedown request, it should achieve this inside a fairly expeditious time period. However the foregoing, our Designated Copyright Agent will comply as applicable with the phrases of any court docket order referring to alleged trademark infringement on the Service.

Notification of Different Mental Property (“IP”) Infringement

For those who consider 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;
  • Info moderately adequate to allow our Designated Copyright Agent to contact you or your licensed agent, together with a reputation, handle, phone quantity and, if out there, an electronic mail handle;
  • Identification of the IP alleged to have been infringed, together with (i) a whole 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;
  • Info moderately adequate to allow our Designated Copyright Agent to determine the use being challenged;
  • An announcement that you haven’t licensed the challenged use, and that you’ve a good-faith perception that the challenged use isn’t licensed by regulation; and
  • An announcement underneath penalty of perjury that all the 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 substantiate 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 short-term or everlasting removing of the IP from the Service.

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

If our Designated Copyright Agent decides to adjust to a takedown request, it should achieve this 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 aren’t an mental property tribunal. Whereas we and our Designated Copyright Agent could in our discretion use the knowledge offered in an effort to determine how to reply to infringement claims, we aren’t liable for figuring out the deserves of such claims. If a consumer responds to a declare of infringement by offering assurances that its content material isn’t infringing, the consumer agrees that if we thereafter restore or preserve 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.