DMCA for vlogkolej
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
https://vlogkolej.blogspot.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
https://vlogkolej.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.