DMCA Notice & Takedown Policy and
Procedures
This website ("SITE")
qualifies as a "Service Provider" within the meaning of 17 U.S.C.
§512(k)(1) of the Digital Millennium Copyright Act ("DMCA").
Accordingly, it is entitled to certain protections from claims of copyright
infringement under the DMCA, commonly referred to as the "safe
harbor" provisions. We respect the intellectual property of others, and we
ask our users to do the same. Accordingly, we observe and comply with the DMCA,
and have adopted the following Notice and Takedown Policy relating to claims of
copyright infringement by our customers, subscribers or users.
Notice of
Claimed Infringement
If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
Our Designated Copyright Agent (identified below) with the following
information:
1. an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
2. description of the copyrighted work or other
intellectual property that you claim has been infringed;
3. a description of where the material that you
claim is infringing is located on the SITE (preferably including specific url's
associated with the material);
4. your address, telephone number, and email
address;
5. a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and,
6. a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to
e-mail support@mrxvideos.com.
Please do not send other inquires or information to our Designated
Agent.
Abuse
Notification. Abusing the
DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA
Notice or Counter-notification, can result in legal liability for damages,
court costs and attorneys fees under federal law. See; 17 U.S.C. §512(f). These
Notice and Takedown Procedures only apply to claims of copyright infringement
by copyright holders and their agents – not to any other kind of abuse,
infringement or legal claim. We will investigate and take action against anyone
abusing the DMCA notification or counter-notification procedure. Please ensure
that you meet all of the legal qualifications before submitting a DMCA Notice
to our Designated Agent.
Take Down
Procedure
The SITE implements the following
"notification and takedown" procedure upon receipt of any
notification of claimed copyright infringement. The SITE reserves the right at
any time to disable access to, or remove any material or activity accessible on
or from any SITE or any Materials claimed to be infringing or based on facts or
circumstances from which infringing activity is apparent. It is the firm policy
of the SITE to terminate the account of repeat copyright infringers, when
appropriate, and the SITE will act expeditiously to remove access to all
material that infringes on another's copyright, according to the procedure set
forth in 17 U.S.C. §512 of the "DMCA". The SITE's DMCA Notice
Procedures are set forth in the preceding paragraph. If the notice does not
comply with §512 of the DMCA, but does comply with three requirements for
identifying sites that are infringing according to §512 of the DMCA, the SITE
shall attempt to contact or take other reasonable steps to contact the
complaining party to help that party comply with the notice requirements. When
the Designated Agent receives a valid notice, the SITE will expeditiously
remove and/or disable access to the infringing material and shall notify the
affected user. Then, the affected user may submit a counter-notification to the
Designated Agent containing a statement made under penalty of perjury that the
user has a good faith belief that the material was removed because of
misidentification of the material. After the Designated Agent receives the
counter-notification, it will replace the material at issue within 10-14 days
after receipt of the counter-notification unless the Designated Agent receives
notice that a court action has been filed by the complaining party seeking an
injunction against the infringing activity. The SITE reserves the right to
modify, alter or add to this policy, and all users should regularly check back
to these Terms and Conditions to stay current on any such changes.
Service
Provider Customers or Subscribers
In the event that the alleged
infringer identified in an intended DMCA Notice is, itself, operating as a
"Service Provider" within the meaning of 17 U.S.C. §512(k)(1), the
SITE requests that any such DMCA Notices relating to alleged infringement by
third party users, customers or subscribers of such service providers be
submitted directly to the DMCA Agent designated by the service provider instead
of the SITE.
Modifications
to Policy
The SITE reserves the right to
modify, alter or add to this policy, and all affected persons should regularly
check back regularly to stay current on any such changes.
Customer
Service Requests
Please note that the DMCA Agent is
not associated with the Site in any other capacity, but is an attorney with a
private law firm. Customer service inquiries, payment questions, and
cancellation requests will not receive a response. All such communications must
be directed to the Site's customer service department.
