DMCA

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Notification of Copyright Infringement

We respect the psychological property rights of others and expects our purchasers to do the equal. In accordance with the Digital Millennium Copyright Act of 1998, the textual content material materials of which shall be discovered on the U.S. Copyright Workplace website at http://www.copyright.gov/legislation/dmca.pdf, we’ll reply expeditiously to claims of copyright infringement devoted utilizing our service which are reported to our Designated Copyright Agent acknowledged contained in the pattern uncover beneath.

In case you are a copyright proprietor, or are licensed to behave on behalf of 1 or licensed to behave beneath any distinctive appropriate beneath copyright, please report alleged copyright infringements taking place on or by way of the positioning and restore (collectively the “Service”) by ending the next 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 no matter motion, in its sole discretion, it deems acceptable, together 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”)

  • Resolve the copyrighted work that you simply simply declare has been infringed, or – if various copyrighted works are coated by this Uncover – it’s potential chances are you’ll present a information doc of the copyrighted works that you simply simply declare have been infringed.
  • Resolve the fabric or hyperlink you declare is infringing (or the topic of infringing prepare) and that entry to which is to be disabled, together with at a minimal, if associated, the URL of the hyperlink confirmed on the Service the place such provides could also be discovered.
  • Present your mailing deal with, phone quantity, and, if available on the market, e mail deal with.
  • Embrace each of the next statements contained in the physique of the Uncover:
    • “I hereby state that I’ve a wonderful religion notion that the disputed use of the copyrighted provides shouldn’t be licensed by the copyright proprietor, its agent, or the regulation (e.g., as a wonderful use).”
    • “I hereby state that the information on this Uncover is suitable and, beneath penalty of perjury, that I’m the proprietor, or licensed to behave on behalf of the proprietor, of the copyright or of an distinctive appropriate beneath the copyright that’s allegedly infringed.”
  • Present your full authorised set up and your digital or bodily signature.

Ship this Uncover, with all units accomplished, to our Designated Copyright Agent:

Copyright Agent
www.eluxurysall.com DMCA Division

Counter Notices

One who has posted provides that allegedly infringes a copyright might 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 will in its discretion reinstate the fabric in query in not lower than 10 nor increased than 14 days after it receives the counter uncover in addition to it first pay money for uncover from the copyright claimant that they’ve filed a authorised motion to restrain the allegedly infringing prepare.

To produce a counter uncover to our Designated Copyright Agent, please return the next type to the Designated Copyright Agent. Please do not forget that whenever you happen to present a counter uncover, in accordance with the our Privateness Safety (situated on the web web site) and the phrases of the DMCA, the counter uncover will possibly be given to the complaining get collectively.

COUNTER NOTICE

  • Identification of the fabric that has been eradicated or to which entry has been disabled on the service and the situation at which the fabric appeared earlier than it was eradicated or entry to it was disabled:
  • I hereby state beneath penalty of perjury that I’ve a wonderful religion notion that the fabric was eradicated or disabled on account of mistake or misidentification of the fabric to be eradicated or disabled.
  • Your set up, deal with, phone quantity and, if available on the market, e mail deal with:
  • I hereby state that I consent to the jurisdiction of the Federal District Courtroom docket for the judicial district whereby my deal with is situated or, if my deal with is exterior of america, for any judicial district whereby we could also be discovered, and I’m going to simply accept service the truth is of from the complaining get collectively who notified us of the alleged infringement or an agent of such particular particular person.
  • Your bodily or digital signature (full authorised set up):____________________________

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

Copyright Agent
www.eluxurysall.com DMCA Division

Notification of Trademark Infringement

For people who take into consideration 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 knowledge:

  • Your bodily or digital signature, or a bodily or digital signature of an individual licensed to behave in your behalf;
  • Knowledge fairly sufficient to allow it to contact you or your licensed agent, together with a recognition, deal with, phone quantity and, if available on the market, an e mail deal with;
  • Identification of the Mark(s) alleged to have been infringed, together with
    • for registered Marks, a duplicate of every related federal trademark registration certificates or
    • for widespread regulation or utterly totally different Marks, proof sufficient to seek out out your claimed rights contained in the Mark, together with the character of your use of the Mark, and the time interval and geographic space whereby the Mark has been utilized by you;
  • Knowledge fairly sufficient to allow our Designated Copyright Agent to find out the use being challenged;
  • A press launch that you haven’t licensed the challenged use, and that you’ve got a good-faith notion that the challenged use shouldn’t be licensed by regulation; and
  • A press launch beneath penalty of perjury that every one the data contained in the notification is suitable and that you’re 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 verify the existence of the Mark on the Service, notify the registered shopper who posted the content material materials supplies together with the Mark, and take no matter motion, in its sole discretion, it deems acceptable, together with short-term or everlasting eradicating of the Mark from the Service.

A registered shopper might reply to note of takedown by exhibiting every (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 different related appropriate to the Mark, or (c) that the use is for varied causes confirmed by the registered shopper non-infringing. If the registered shopper makes an acceptable exhibiting of every (a), (b) or (c) then our Designated Copyright Agent might put together its discretion to not take away the Mark.

If our Designated Copyright Agent decides to manage to a takedown request, it should receive this inside a fairly expeditious timeframe. Nonetheless the foregoing, our Designated Copyright Agent will comply as acceptable with the phrases of any courtroom docket docket order referring to alleged trademark infringement on the Service.

Notification of Utterly totally different Psychological Property (“IP”) Infringement

For people who take into consideration that one different IP appropriate of yours is being infringed by a consumer, please present our Designated Copyright Agent (specified above) with the next knowledge:

  • Your bodily or digital signature, or a bodily or digital signature of an individual licensed to behave in your behalf;
  • Knowledge fairly sufficient to allow our Designated Copyright Agent to contact you or your licensed agent, together with a recognition, deal with, phone quantity and, if available on the market, an e mail deal with;
  • Identification of the IP alleged to have been infringed, together with (i) a whole description or rationalization of the character of the IP, (ii) proof that you simply simply personal the IP contained in the related jurisdiction, together with copies of related patents, registrations, certifications or utterly totally different documentary proof of your possession, and (iii) a exhibiting sufficient for our Designated Copyright Agent to hunt out out with out unreasonable effort that the IP has been infringed;
  • Knowledge fairly sufficient to allow our Designated Copyright Agent to find out the use being challenged;
  • A press launch that you haven’t licensed the challenged use, and that you’ve got a good-faith notion that the challenged use shouldn’t be licensed by regulation; and
  • A press launch beneath penalty of perjury that every one the data contained in the notification is suitable and, that you’re 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 verify the existence of the IP on the Service, notify the registered shopper who posted the content material materials supplies together with the IP, and take no matter motion, in its sole discretion, it deems acceptable, together with short-term or everlasting eradicating of the IP from the Service.

A registered shopper might reply to note of takedown by exhibiting every (a) that the claimant doesn’t personal the IP or (b) that the IP shouldn’t be infringed. If the registered shopper succeeds in exhibiting every (a), (b) or (c) then our Designated Copyright Agent might put together its discretion to not take away the IP.

If our Designated Copyright Agent decides to manage to a takedown request, it should receive this inside a fairly expeditious timeframe.

We Have No Obligation to Adjudicate IP Claims – Consumer’s Settlement to Protect Us Innocent From Claims

Claimants and purchasers ought to grasp that we’re not an psychological property tribunal. Whereas we and our Designated Copyright Agent might in our discretion use the information equipped as a method to resolve the correct method to reply infringement claims, we’re not accountable for figuring out the deserves of such claims. If a consumer responds to a declare of infringement by offering assurances that its content material materials supplies shouldn’t be infringing, the patron agrees that if we thereafter restore or protect the content material materials supplies, the patron will defend and protect us innocent from any ensuing claims of infringement launched in opposition to us and our Designated Copyright Agent.