Digital
Millennium Copyright Act
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME,
WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF VIRAL MARKETING
MEDIA CORP., WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY
TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.
It is our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act and other applicable
intellectual property laws. Responses may include removing or disabling
access to material claimed to be the subject of infringing activity
and/or terminating subscribers. 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 that Act. It is our policy to document all notices of alleged
infringement on which we act.
Please refer to the following detailed instructions which must be
followed to protect your rights under the Digital Millennium Copyright
Act.
Infringement Notification
To file a notice of infringement with us, you must provide a written
communication (by fax or regular mail -- not by email, except by prior
agreement) that sets forth the items specified below. Please note that
you may be liable for damages (including costs and attorneys' fees) if
you materially misrepresent that a product or activity 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.
Your communication must include substantially all of the following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
2. Identify in sufficient detail the location of copyrighted work that
you believe has been infringed upon (for example, "The copyrighted work
at issue is the text that appears on http://www.newco.com/uglytext_page.html")
or other information sufficient to specify the copyrighted work being
infringed. If multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site.
3. Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may
be contacted.
5. The following statement: "I have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law."
6. The following statement: "I swear, under penalty of perjury, that the
information in the notification is accurate, and that I am the copyright
owner or am authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed."
Send the written communication to:Viral Marketing
Media Corp.
Attn: DMCA Complaints
PO BOX 10174
Gaithersburg, Maryland 20874
Email: legal [at] viralmarketingmedia.com
Counter Notification
The administrator of an affected site or the provider of affected
content may make a counter notification pursuant to sections 512(g)(2)
and (3) of the Digital Millennium Copyright Act. When we receive a
counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written
communication (by fax or regular mail -- not by email, except by prior
agreement) that sets forth the items specified below. Please note that
you will be liable for damages (including costs and attorneys' fees) if
you materially misrepresent that a product or activity is not infringing
the copyrights of others. Accordingly, if you are not sure whether
certain material infringes the copyrights of others, we suggest that you
first contact an attorney. To expedite our ability to process your
counter notification, please use the following format (including section
numbers):
Your communication must include substantially the following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you 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.
4. Your name, address, and telephone number
5. The following statement: "I consent to the jurisdiction of Federal
District Court for the judicial district in which the your address is
located, (or Montgomery County, Maryland if your address is outside
of the United States), and that you will accept service of process from
the person who provided notification under subsection (c)(1)(C) or an
agent of such person.
6. The following statement: "I swear, under penalty of perjury, that I
have a good faith belief that the affected material was removed or
disabled as a result of a mistake or misidentification of the material
to be removed or disabled."
Send the written communication to:
Viral Marketing Media Corp.
Attn: DMCA Complaints
PO BOX 10174
Gaithersburg, Maryland 20874
Email: legal [at] viralmarketingmedia.com
Account Termination
Viral Marketing Media Media Corp. will, in appropriate circumstances,
terminate repeat infringers. If you believe that an account holder or
subscriber is a repeat infringer, please follow the instructions above
to contact Viral Marketing Media Media legal counsel and DMCA agent and
provide information sufficient for us to verify that the account holder
or subscriber is a repeat infringer. |
