NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to § 201.38 and Digital Millennium Copyright Act
SmartNexx.com respects the intellectual property of others. If you have found that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please submit the following information to our designated agent.
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 at a single online site are covered by a single notification, a 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 smartnexx.com to locate the material;
4. Information reasonably sufficient to permit smartnexx.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
5. A statement that you 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; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA COUNTER-NOTIFICATION PROCEDURE (FOR COPYRIGHTED WORKS ONLY):
After smartnexx.com notifies a copyright owner that it has removed or disabled access to the content infringement because it contains material that allegedly infringes a third party’s copyright, the seller may give smartnexx.com a statutory counter-notification pursuant to the DMCA in an effort to have the material in question restored. Any counter-notifications must be given in writing by email, fax or regular mail (see below) to smartnexx.com’s designated agent Katy Webb (copyright at smartnexx.com) and must contain the following elements:
1. Your physical or electronic signature
2. A description of the item that was taken down
3. The item number or URL of the item before it was taken down
4. 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 item to be removed or disabled.
5. Your name, address and telephone number, and
6. A statement that you consent to the jurisdiction of the federal district court where your address is located (or if you reside outside the United States, that you consent to jurisdiction in San Francisco, California), and that you will accept service of process from the person who provided notification under 17 U.S.C. Section 512 (c)(1)(C) or an agent of such person.
Note that you may be found liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity does not infringe the copyrights of others. If you are unsure whether certain material may infringe another’s copyright, we recommend that you first discuss this issue with legal counsel.
Please note that smartnexx.com enforces a policy that provides for the termination of users who are repeat infringers in appropriate circumstances.
A sample counter-notification letter is available at www.chillingeffects.org/dmca/counter512.pdf
Please email Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
info[@]smartnexx.com