DMCA Notice and Takedown
Procedure and Complaints & content removal policy:
Notice and Takedown Procedure Related to Alleged Copyright Infringement and
content removal requests
It is our policy to expeditiously respond to complaints or content removal requests and notices of alleged copyright
infringement that comply with the United States Digital Millennium Copyright
Act (DMCA). This page describes the information that must be included in the
complaints or content removal requests and alleged copyright infringement notice. The form of notice specified below is
consistent with the form suggested by the DMCA (the text of which can be
found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
It is expected that all users of any part of this website will comply with
applicable copyright laws. However, if we receive proper notification of
a content removal requests or a claimed copyright infringement, our response to these notices will include
removing or disabling access to material claimed to be the subject of
infringing activity and/or terminating users or subscribers, regardless of
whether we may be liable for such infringement under United States law or
the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a
good-faith attempt to contact the owner or administrator of the affected
site or content so that they may make a counter notification pursuant to
Sections 512(g)(2) and (3) of the DMCA. We may also document notices of
alleged infringement on which we act.
Designated Agent:
| Custodian of Records: |
| J. Ashton |
| Webmaster |
|
webmaster@brothalovers.com |
|
JA
Communications LLC |
| 120
Madeira Drive NE, Ste 219 |
|
Albuquerque, NM 87108 |
|
Upon receipt of proper notification of complaints or content removal requests or a claimed infringement, the webmaster
will follow the procedures
Infringement Notification
If you have a complaint or content removal request or believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide the Registered Agent (listed above) with
a written communication (preferably via email) that must –
Be signed (whether in writing of via electronic signature) by the copyright
owner or agent;
Identify the original copyrighted work (or works if there are multiple) you
claim has been infringed;
Identify the material that is infringing your copyrighted work;
Include contact information so the designated agent can reach you, if
necessary;
Include a statement your complaint is in “good faith;
Include a statement the information in the notification is accurate; and
Include a statement that under penalty of perjury you are authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and
attorneys’ fees) if you materially misrepresent that material is infringing
your copyrights. Accordingly, if you are not sure whether material available
online infringes your copyright, we suggest that you first contact an
attorney.
Counter Notification
A provider of content subject to a claim of infringement may make a counter
notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a
counter notification with us, please provide the Registered Agent (listed
above) the following information in a written communication (preferably via
email) that must –
Be signed (whether in writing of via electronic signature)
Include your name, address, and phone number
Identification of the material and its location before removal
Include a statement of consent to local federal court jurisdiction, or if
overseas, to an appropriate judicial body.
Include a statement under penalty of perjury that the material was removed
by mistake or misidentification
Upon receipt of such counter notification, the webmaster will promptly
provide the person who provided the original infringement notification with
a copy of the counter notification, and inform that person that the
webmaster will replace the removed material or cease disabling access to it
in 10 business days. webmaster will replace the removed material and cease
disabling access to it not less than 10, nor more than 14, business days
following receipt of the counter notice, unless our Designated Agent first
receives notice from the person who submitted the original infringement
notification that such person has filed an action seeking a court order to
restrain the subscriber from engaging in infringing activity relating to the
material on our system or network.
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, the webmaster will, in
appropriate circumstances, disable and/or terminate the accounts or access
of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is this website's policy to accommodate and not interfere with standard
technical measures used by copyright owners to identify or protect
copyrighted works that the webmaster determines are reasonable under the
circumstances.
|