We take protection of copyrights,
both our own and others, very seriously. We therefore employ multiple
measures to prevent copyright infringement over this Site and to promptly end
any infringement that might occur. If you believe that the Site contains
elements that infringe your copyrights in your work, please follow the
procedures set forth in this Copyright Policy
This Privacy Policy was last updated
November 5, 2009
This Copyright Compliance Policy is a part of the terms and conditions
which are set forth in our Terms and Conditions
Agreement. Any terms that are not defined in this Copyright
Policy shall have the meaning given in the Terms of Use
Agreement. Both the Terms of Use Agreement and this Copyright
Policy are legally binding on all users.
How to Send a Notice of Copyright
Infringement
In you are a copyright owner (or the
owner’s authorized agent) and have a good-faith belief that material on our
website infringes one of your copyrights, you may notify us using this
procedure. In order for us to process your notice of copyright
infringement, it must be sent to the agent designated below and must include
the information specified below. When we receive a notice under this
procedure, we will expeditiously remove or disable access to the material that
is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to
our designated agent for receiving such notices:
Name of Agent
Designated to Receive Notification of Claimed Infringement: Michael
Lechter PC
Full Address of Designated Agent to Which Notification Should be Sent to:
6611 N 64th Place, Paradise Valley, AZ 85253 USA
Telephone Number of Designated Agent:
480-607-1940
Facsimile Number of Designated Agent:
480-607-1923
Email Address of Designated Agent:
info@mlechter.com
DO NOT SEND ANY INQUIRIES UNRELATED
TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR
CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE.
YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Your notice of infringement must be
a written communication provided to the agent designated above that includes substantially
the following information:
(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) Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works on our Site is covered by a single notification, a representative list of
such works on our 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 the service provider to locate the material.
(4) Information reasonably
sufficient to permit the service provider 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) A statement that the complaining
party has 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) A statement that the information
in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
WE CAUTION YOU THAT IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY
CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS
FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S
LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
How to Send a Counter Notice If Your
Posting Was Removed in Response to a Notice of Infringement and You Believe the
Posting Is Not Infringing
As explained above, if we receive a
notice of infringement sent to our designated agent with the information
described above, we will expeditiously remove or block access to the material
that is claimed to be infringing. We will also send a notification to the
user who posted the material, at the email address provided by the user in
connection with his or her account with us, telling the user that the material
was removed or access to it was blocked because of claimed infringement.
If you are a user who posted
material that was removed in response to a notice of infringement and you
believe that material was removed due to mistake or misidentification, you may
request that we replace the posting by sending us a counter notice as follows:
You must send the counte rnotice to
our designated agent for receiving notices of infringement, whose name and
contact information is above.
Your counter notice must be a
written communication sent and must include substantially the following
information:
(1) A physical or electronic
signature of the subscriber (you the user).
(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 the user has 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) The user’s name, address, and
telephone number, and a statement that the user consents to the jurisdiction of
Federal District Court for the judicial district in which the address is
located, or if the user’s address is outside of the United States, for any
judicial district in which the service provider may be found, and that the user
will accept service of process from the person who provided notification of
copyright infringement or an agent of such person.
When we receive a counter notice that
complies with these requirements, we reserve the right, but not the obligation,
to restore the material that was removed after forwarding a copy of the counter
notice to the person who sent the notice of infringement and waiting at least
10 business days. If, during those 10 business days, the person who sent
the original notice of infringement notifies us that such person has instituted
a suit to seek a court order to restrain the user from infringing activity
relating to the material on our website, we will not replace the
material. Otherwise, we may repost the material at our discretion.
However, pursuant to the Section of the Terms of Use Agreement entitled
“Postings”, we retain the right to remove, block access to, or not restore material
at any time for any reason without any liability to the posting user. In
particular, a user who sends a counter notice pursuant to this Copyright
Policy expressly acknowledges and agrees that we shall not be liable
to the user under any circumstances for declining to replace material.
WE CAUTION YOU THAT IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY
CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS
FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S
LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
Repeat Infringer Policy
We have a policy of terminating the
accounts of repeat infringers. A repeat infringer includes any user who
has made two or more Postings for which we receive a notice of infringement
under this Copyright Policy.
Each user agrees that if his or her account is terminated pursuant to this Copyright
Policy, the user will not attempt to establish a new account under any
name, real or assumed, and further agrees that if the user violates this
restriction by opening a new account after being terminated pursuant to this Copyright
Compliance Policy, the user shall indemnify and hold us harmless for
any and all liability that we may incur therefore.
Sole Statement: This document is the sole statement
of the Copyright Compliance Policy with respect to this Site,
and no summary, restatement or other version thereof, or other statement or
policy, in any form, including, without limitation, machine-generated, is
valid.
This Copyright Compliance Policy was last modified on November
5, 2009 and is effective immediately.