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.
If
you are a copyright owner, or are authorized to act on behalf of one or
authorized to act under any exclusive right under copyright, please report
alleged copyright infringements taking place on or through the site and service
(collectively the “Service”) by completing the following DMCA Notice of Alleged
Infringement and delivering it to our Designated Copyright Agent.
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.
DMCA
Notice of Alleged Infringement (“Notice”)
- 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
yourhomedesigninspiration.blogspot.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:
- Your physical or electronic
signature, or a physical or electronic signature of a person authorized to
act on your behalf;
- Information reasonably
sufficient to permit it to contact you or your authorized agent, including
a name, address, telephone number and, if available, an email address;
- Identification of the Mark(s)
alleged to have been infringed, including
- for registered Marks, a copy
of each relevant federal trademark registration certificate or
- for common law or other Marks,
evidence sufficient to establish your claimed rights in the Mark,
including the nature of your use of the Mark, and the time period and
geographic area in which the Mark has been used by you;
- Information reasonably
sufficient to permit our Designated Copyright Agent to identify the use
being challenged;
- A statement that you have not
authorized the challenged use, and that you have a good-faith belief that
the challenged use is not authorized by law; and
- A statement under penalty of
perjury that all of the information in the notification is accurate and
that you are the Mark owner, or are authorized to act on behalf of the Mark
owner.
Upon
receipt of notice as described above, our Designated Copyright Agent will seek
to confirm the existence of the Mark on the Service, notify the registered user
who posted the content including the Mark, and take whatever action, in its
sole discretion, it deems appropriate, including temporary or permanent removal
of the Mark from the Service.
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
our Designated Copyright Agent decides to comply with a takedown request, it
will do so within a reasonably expeditious period of time. Notwithstanding the
foregoing, our Designated Copyright Agent will comply as appropriate with the
terms of any court order relating to alleged trademark infringement on the
Service.
Notification
of Other Intellectual Property (“IP”) Infringement
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:
- Your physical or electronic
signature, or a physical or electronic signature of a person authorized to
act on your behalf;
- Information reasonably
sufficient to permit our Designated Copyright Agent to contact you or your
authorized agent, including a name, address, telephone number and, if
available, an email address;
- Identification of the IP
alleged to have been infringed, including (i) a complete description or
explanation of the nature of the IP, (ii) evidence that you own the IP in
the relevant jurisdiction, including copies of relevant patents,
registrations, certifications or other documentary evidence of your
ownership, and (iii) a showing sufficient for our Designated Copyright
Agent to determine without unreasonable effort that the IP has been
infringed;
- Information reasonably
sufficient to permit our Designated Copyright Agent to identify the use
being challenged;
- A statement that you have not
authorized the challenged use, and that you have a good-faith belief that
the challenged use is not authorized by law; and
- A statement under penalty of
perjury that all of the information in the notification is accurate and,
that you are the IP owner, or are authorized to act on behalf of the IP
owner.
Upon
receipt of notice as described above, our Designated Copyright Agent will seek
to confirm the existence of the IP on the Service, notify the registered user
who posted the content including the IP, and take whatever action, in its sole
discretion, it deems appropriate, including temporary or permanent removal of
the IP from the Service.
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.
If
our Designated Copyright Agent decides to comply with a takedown request, it
will do so within a reasonably expeditious period of time.
We
Have No Obligation to Adjudicate IP Claims – User’s Agreement to Hold Us
Harmless From Claims
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.