WEBSELENESE DMCA Policy
Webselenese, Ltd. (“WS”) respects the intellectual property rights of creators and WS requires that our users also respect these same intellectual property rights. The Digital Millennium Copyright Act (“DMCA”) establishes a formal process for addressing and actioning copyright infringement claims integrated into content hosted at Webselenese pursuant to 17 U.S.C. 512(c). WS will respond expeditiously to claims for copyright infringement regarding content hosted on Webselenese or its family of websites. If you are a copyright owner or if you have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing your copyright on or through Webselenese or its partners, please send a notice to our copyright agent that includes all of the elements below and we will expeditiously take appropriate action on your behalf. Upon receipt of a valid and complete notice as described herein, Webselenese will take actions it in its sole discretion deems appropriate, including removal of the reported content from the website.
For us to take action against infringing content, we require from the copyright owner or a party authorized to act on behalf of the copyright owner:
- A description of the copyrighted work that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
- Your address, telephone number, and email address;
- The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
- The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
The designated copyright agent we have to receive infringement claims can be contacted:
c/o Webselenese, Ltd.
10901 W. 120th Ave. Suite 360
Broomfield, CO 80021
By email: [email protected]
If you are of the belief that content posted by You to the Site or Services was removed or access to the content was disabled by mistake or misidentification, You may file a DMCA counter-notification with WS by submitting a follow-up written notification to the WS copyright agent. Pursuant to the DMCA, the Counter-Notification must include substantially the following:
- Your physical or electronic signature.
- An 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 disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
A counter-notification will allow WS to restore the content that was taken down if the party filing the original DMCA Notice does not file a lawsuit or other legal action against You within ten (10) business days of receiving the Counter-Notification.
Please be aware that if You knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney fees) under the DMCA (including Section 512(f) of the DMCA.
REPEAT INFRINGER POLICY
Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, WS makes a good faith effort to identify and terminate ANY and ALL repeat infringers that abuse the Site and/or the Services pursuant to the safe harbor requirements of the DMCA.