DMCA

Notification of Copyright Infringement

We respect the psychological property rights of others and expects our purchasers to do the an equal. In accordance with the Digital Millennium Copyright Act of 1998, the textual content material materials supplies of which is probably found on the U.S. Copyright Office website online at http://www.copyright.gov/legislation/dmca.pdf, we’ll reply expeditiously to claims of copyright infringement devoted using our service which is perhaps reported to our Designated Copyright Agent acknowledged contained within the sample uncover beneath.

In case you’re a copyright proprietor, or are licensed to behave on behalf of 1 or licensed to behave beneath any distinctive proper beneath copyright, please report alleged copyright infringements occurring on or by the use of the positioning and restore (collectively the “Service”) by ending the following DMCA Uncover of Alleged Infringement and delivering it to our Designated Copyright Agent.

Upon receipt of Uncover as described beneath, our Designated Copyright Agent will take regardless of movement, in its sole discretion, it deems acceptable, along with eradicating of the challenged use from the Service and/or termination of the patron’s account in acceptable circumstances.

DMCA Uncover of Alleged Infringement (“Uncover”)

  • Decide the copyrighted work that you just merely declare has been infringed, or – if quite a few copyrighted works are coated by this Uncover – it is doable you possibly can current a advisor report of the copyrighted works that you just merely declare have been infringed.
  • Decide the material or hyperlink you declare is infringing (or the subject of infringing observe) and that entry to which is to be disabled, along with at a minimal, if related, the URL of the hyperlink confirmed on the Service the place such gives may be found.
  • Current your mailing tackle, cellphone amount, and, if obtainable available on the market, e mail tackle.
  • Embrace every of the following statements contained within the physique of the Uncover:
    • “I hereby state that I’ve an excellent faith notion that the disputed use of the copyrighted gives should not be licensed by the copyright proprietor, its agent, or the regulation (e.g., as an excellent use).”
    • “I hereby state that the data on this Uncover is suitable and, beneath penalty of perjury, that I am the proprietor, or licensed to behave on behalf of the proprietor, of the copyright or of an distinctive proper beneath the copyright that is allegedly infringed.”
  • Current your full licensed arrange and your digital or bodily signature.

Ship this Uncover, with all items achieved, to our Designated Copyright Agent:

Copyright Agent
www.eluxurysall.com DMCA Division

Counter Notices

One who has posted gives that allegedly infringes a copyright would possibly ship our Designated Copyright Agent a counter uncover pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Copyright Agent receives a counter uncover, it’d in its discretion reinstate the material in question in not decrease than 10 nor larger than 14 days after it receives the counter uncover other than it first pay cash for uncover from the copyright claimant that they’ve filed a licensed movement to restrain the allegedly infringing observe.

To provide a counter uncover to our Designated Copyright Agent, please return the following sort to the Designated Copyright Agent. Please needless to say in case you occur to current a counter uncover, in accordance with the our Privateness Security (positioned on the net website online) and the phrases of the DMCA, the counter uncover will most probably be given to the complaining get collectively.

COUNTER NOTICE

  • Identification of the material that has been eradicated or to which entry has been disabled on the service and the state of affairs at which the material appeared forward of it was eradicated or entry to it was disabled:
  • I hereby state beneath penalty of perjury that I’ve an excellent faith notion that the material was eradicated or disabled on account of mistake or misidentification of the material to be eradicated or disabled.
  • Your arrange, tackle, cellphone amount and, if obtainable available on the market, e mail tackle:
  • I hereby state that I consent to the jurisdiction of the Federal District Courtroom docket docket docket for the judicial district whereby my tackle is positioned or, if my tackle is exterior of america, for any judicial district whereby we may be found, and I am going to accept service in the end of from the complaining get collectively who notified us of the alleged infringement or an agent of such specific specific particular person.
  • Your bodily or digital signature (full licensed arrange):____________________________

The Counter Uncover should be delivered to our Designated Copyright Agent:

Copyright Agent
www.eluxurysall.com DMCA Division

Notification of Trademark Infringement

For individuals who consider that your trademark (the “Mark”) is being utilized by a shopper in a way that constitutes trademark infringement, please current our Designated Copyright Agent (specified above) with the following info:

  • Your bodily or digital signature, or a bodily or digital signature of a person licensed to behave in your behalf;
  • Data pretty ample to permit it to contact you or your licensed agent, along with a recognition, tackle, cellphone amount and, if obtainable available on the market, an e mail tackle;
  • Identification of the Mark(s) alleged to have been infringed, along with
    • for registered Marks, a reproduction of each associated federal trademark registration certificates or
    • for widespread regulation or utterly completely completely different Marks, proof ample to go looking out out your claimed rights contained within the Mark, along with the character of your use of the Mark, and the time interval and geographic house whereby the Mark has been utilized by you;
  • Data pretty ample to permit our Designated Copyright Agent to search out out the use being challenged;
  • A press launch that you have not licensed the challenged use, and that you’ve a good-faith notion that the challenged use should not be licensed by regulation; and
  • A press launch beneath penalty of perjury that every one the data contained within the notification is suitable and that you are the Mark proprietor, or are licensed to behave on behalf of the Mark proprietor.

Upon receipt of uncover as described above, our Designated Copyright Agent will search to substantiate the existence of the Mark on the Service, notify the registered shopper who posted the content material materials supplies provides along with the Mark, and take regardless of movement, in its sole discretion, it deems acceptable, along with short-term or eternal eradicating of the Mark from the Service.

A registered shopper would possibly reply to notice of takedown by exhibiting each (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered shopper has a trademark registration, an unexpired license masking the use, or one completely different associated proper to the Mark, or (c) that the use is for quite a few causes confirmed by the registered shopper non-infringing. If the registered shopper makes an applicable exhibiting of each (a), (b) or (c) then our Designated Copyright Agent would possibly put collectively its discretion to not take away the Mark.

If our Designated Copyright Agent decides to handle to a takedown request, it’s going to pay money for this inside a reasonably expeditious timeframe. Nonetheless the foregoing, our Designated Copyright Agent will comply as acceptable with the phrases of any courtroom docket order referring to alleged trademark infringement on the Service.

Notification of Fully completely completely different Psychological Property (“IP”) Infringement

For individuals who consider that one completely different IP proper of yours is being infringed by a shopper, please current our Designated Copyright Agent (specified above) with the following info:

  • Your bodily or digital signature, or a bodily or digital signature of a person licensed to behave in your behalf;
  • Data pretty ample to permit our Designated Copyright Agent to contact you or your licensed agent, along with a recognition, tackle, cellphone amount and, if obtainable available on the market, an e mail tackle;
  • Identification of the IP alleged to have been infringed, along with (i) a complete description or rationalization of the character of the IP, (ii) proof that you just merely private the IP contained within the associated jurisdiction, along with copies of associated patents, registrations, certifications or utterly completely completely different documentary proof of your possession, and (iii) a exhibiting ample for our Designated Copyright Agent to go searching out with out unreasonable effort that the IP has been infringed;
  • Data pretty ample to permit our Designated Copyright Agent to search out out the use being challenged;
  • A press launch that you have not licensed the challenged use, and that you’ve a good-faith notion that the challenged use should not be licensed by regulation; and
  • A press launch beneath penalty of perjury that every one the data contained within the notification is suitable and, that you are the IP proprietor, or are licensed to behave on behalf of the IP proprietor.

Upon receipt of uncover as described above, our Designated Copyright Agent will search to substantiate the existence of the IP on the Service, notify the registered shopper who posted the content material materials supplies provides along with the IP, and take regardless of movement, in its sole discretion, it deems acceptable, along with short-term or eternal eradicating of the IP from the Service.

A registered shopper would possibly reply to notice of takedown by exhibiting each (a) that the claimant does not private the IP or (b) that the IP should not be infringed. If the registered shopper succeeds in exhibiting each (a), (b) or (c) then our Designated Copyright Agent would possibly put collectively its discretion to not take away the IP.

If our Designated Copyright Agent decides to handle to a takedown request, it’s going to pay money for this inside a reasonably expeditious timeframe.

We Have No Obligation to Adjudicate IP Claims – Shopper’s Settlement to Shield Us Harmless From Claims

Claimants and purchasers should know that we’re not an psychological property tribunal. Whereas we and our Designated Copyright Agent would possibly in our discretion use the data geared up as a way to resolve learn to reply infringement claims, we’re not accountable for determining the deserves of such claims. If a shopper responds to a declare of infringement by providing assurances that its content material materials supplies provides should not be infringing, the patron agrees that if we thereafter restore or defend the content material materials supplies provides, the patron will defend and defend us harmless from any ensuing claims of infringement launched in opposition to us and our Designated Copyright Agent.