DMCA

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Notification of Copyright Infringement

We respect the mental property rights of others and expects our customers to do the identical. In accordance with the Digital Millennium Copyright Act of 1998, the textual content of which can be discovered on the U.S. Copyright Workplace web site at http://www.copyright.gov/legislation/dmca.pdf, we’ll reply expeditiously to claims of copyright infringement dedicated utilizing our service which might be reported to our Designated Copyright Agent recognized within the pattern discover beneath.

If you’re a copyright proprietor, or are approved to behave on behalf of 1 or approved to behave below any unique proper below copyright, please report alleged copyright infringements happening on or by the positioning and repair (collectively the “Service”) by finishing the next DMCA Discover of Alleged Infringement and delivering it to our Designated Copyright Agent.

Upon receipt of Discover as described beneath, our Designated Copyright Agent will take no matter motion, in its sole discretion, it deems applicable, together with removing of the challenged use from the Service and/or termination of the consumer’s account in applicable circumstances.

DMCA Discover of Alleged Infringement (“Discover”)

  • Establish the copyrighted work that you just declare has been infringed, or – if a number of copyrighted works are lined by this Discover – chances are you’ll present a consultant record of the copyrighted works that you just declare have been infringed.
  • Establish the fabric or hyperlink you declare is infringing (or the topic of infringing exercise) and that entry to which is to be disabled, together with at a minimal, if relevant, the URL of the hyperlink proven on the Service the place such materials could also be discovered.
  • Present your mailing tackle, phone quantity, and, if out there, e mail tackle.
  • Embody each of the next statements within the physique of the Discover:
    • “I hereby state that I’ve religion perception that the disputed use of the copyrighted materials isn’t approved by the copyright proprietor, its agent, or the regulation (e.g., as a good use).”
    • “I hereby state that the knowledge on this Discover is correct and, below penalty of perjury, that I’m the proprietor, or approved to behave on behalf of the proprietor, of the copyright or of an unique proper below the copyright that’s allegedly infringed.”
  • Present your full authorized title and your digital or bodily signature.

Ship this Discover, with all gadgets accomplished, to our Designated Copyright Agent:

Copyright Agent
www.eluxurysall.com DMCA Division

Counter Notices

One who has posted materials that allegedly infringes a copyright might ship our Designated Copyright Agent a counter discover pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Copyright Agent receives a counter discover, it could in its discretion reinstate the fabric in query in not lower than 10 nor greater than 14 days after it receives the counter discover until it first obtain discover from the copyright claimant that they’ve filed a authorized motion to restrain the allegedly infringing exercise.

To offer a counter discover to our Designated Copyright Agent, please return the next kind to the Designated Copyright Agent. Please observe that when you present a counter discover, in accordance with the our Privateness Coverage (situated on the website) and the phrases of the DMCA, the counter discover might be given to the complaining celebration.

COUNTER NOTICE

  • Identification of the fabric that has been eliminated or to which entry has been disabled on the service and the placement at which the fabric appeared earlier than it was eliminated or entry to it was disabled:
  • I hereby state below penalty of perjury that I’ve religion perception that the fabric was eliminated or disabled on account of mistake or misidentification of the fabric to be eliminated or disabled.
  • Your title, tackle, phone quantity and, if out there, e mail tackle:
  • I hereby state that I consent to the jurisdiction of the Federal District Court docket for the judicial district during which my tackle is situated or, if my tackle is outdoors of america, for any judicial district during which we could also be discovered, and I’ll settle for service of course of from the complaining celebration who notified us of the alleged infringement or an agent of such individual.
  • Your bodily or digital signature (full authorized title):____________________________

The Counter Discover ought to be delivered to our Designated Copyright Agent:

Copyright Agent
www.eluxurysall.com DMCA Division

Notification of Trademark Infringement

In the event you consider that your trademark (the “Mark”) is being utilized by a consumer in a manner that constitutes trademark infringement, please present our Designated Copyright Agent (specified above) with the next info:

  • Your bodily or digital signature, or a bodily or digital signature of an individual approved to behave in your behalf;
  • Data fairly enough to allow it to contact you or your approved agent, together with a reputation, tackle, phone quantity and, if out there, an e mail tackle;
  • 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 frequent regulation or different Marks, proof enough to ascertain your claimed rights within the Mark, together with the character of your use of the Mark, and the time interval and geographic space during which the Mark has been utilized by you;
  • Data fairly enough to allow our Designated Copyright Agent to determine the use being challenged;
  • A press release that you haven’t approved the challenged use, and that you’ve a good-faith perception that the challenged use isn’t approved by regulation; and
  • A press release below penalty of perjury that the entire info within the notification is correct and that you’re the Mark proprietor, or are approved to behave on behalf of the Mark proprietor.

Upon receipt of discover as described above, our Designated Copyright Agent will search to verify the existence of the Mark on the Service, notify the registered consumer who posted the content material together with the Mark, and take no matter motion, in its sole discretion, it deems applicable, together with momentary or everlasting removing of the Mark from the Service.

A registered consumer might reply to note of takedown by exhibiting both (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered consumer has a trademark registration, an unexpired license overlaying the use, or another related proper to the Mark, or (c) that the use is for different causes proven by the registered consumer non-infringing. If the registered consumer makes an applicable exhibiting of both (a), (b) or (c) then our Designated Copyright Agent might train its discretion to not take away the Mark.

If our Designated Copyright Agent decides to adjust to a takedown request, it’ll achieve this inside a fairly expeditious time frame. However the foregoing, our Designated Copyright Agent will comply as applicable with the phrases of any courtroom order referring to alleged trademark infringement on the Service.

Notification of Different Mental Property (“IP”) Infringement

In the event you consider that another IP proper of yours is being infringed by a consumer, please present our Designated Copyright Agent (specified above) with the next info:

  • Your bodily or digital signature, or a bodily or digital signature of an individual approved to behave in your behalf;
  • Data fairly enough to allow our Designated Copyright Agent to contact you or your approved agent, together with a reputation, tackle, phone quantity and, if out there, an e mail tackle;
  • Identification of the IP alleged to have been infringed, together with (i) an entire description or rationalization of the character of the IP, (ii) proof that you just personal the IP within the related jurisdiction, together with copies of related patents, registrations, certifications or different documentary proof of your possession, and (iii) a exhibiting enough for our Designated Copyright Agent to find out with out unreasonable effort that the IP has been infringed;
  • Data fairly enough to allow our Designated Copyright Agent to determine the use being challenged;
  • A press release that you haven’t approved the challenged use, and that you’ve a good-faith perception that the challenged use isn’t approved by regulation; and
  • A press release below penalty of perjury that the entire info within the notification is correct and, that you’re the IP proprietor, or are approved to behave on behalf of the IP proprietor.

Upon receipt of discover as described above, our Designated Copyright Agent will search to verify the existence of the IP on the Service, notify the registered consumer who posted the content material together with the IP, and take no matter motion, in its sole discretion, it deems applicable, together with momentary or everlasting removing of the IP from the Service.

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

If our Designated Copyright Agent decides to adjust to a takedown request, it’ll achieve this inside a fairly expeditious time frame.

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

Claimants and customers should perceive that we aren’t an mental property tribunal. Whereas we and our Designated Copyright Agent might in our discretion use the knowledge supplied so as to resolve how to reply to infringement claims, we aren’t 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 isn’t infringing, the consumer agrees that if we thereafter restore or preserve the content material, the consumer will defend and maintain us innocent from any ensuing claims of infringement introduced towards us and our Designated Copyright Agent.