COPYRIGHT INFRINGEMENT CLAIMS PROCEDURES PURSUANT TO SECTION 512 OF THE U.S. COPYRIGHT ACT, AS AMENDED
THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS WEBSITE. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
WHAT YOU MUST DO
Written notification must be submitted to the following Designated Agent:
|Service Provider:||Have You Heard, LLC|
|Name of Agent Designated to Receive Notification of Claimed Infringement:||
|Full Address of Designated Agent to Which Notification Should be Sent:||7594 Old Thyme CourtParkland, Florida 33076|
|Telephone Number of Designated Agent:||954-501-6604|
|Facsimile Number of Designated Agent:||954-827-0690|
|Email Address of Designated Agent:||Janice@haveuheard.com|
WHAT YOUR NOTIFICATION MUST INCLUDE
To be effective, the notification must include the following:
- 1. Your name, physical address, telephone number, facsimile number, e-mail address and name of contact person;
- 2. Identification of the copyrighted work(s) claimed to have been infringed;
- 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. 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 under applicable law;
- 5. A statement that the information in the notification is accurate, and under penalty or perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- 6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION
Upon receipt of the written notification containing the information as outlined above:
- 1. Service Provider shall remove or disable access to the material that is alleged to be infringing;
- 2. Service Provider shall forward the written notification to such alleged infringer; and
- 3. Service Provider shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
HOW THE ALLEGED INFRINGER CAN RESPOND TO US
The alleged infringer can respond by submitting a written counter notification to the Service Provider’s Designated Agent.
WHAT THE COUNTER NOTIFICATION MUST INCLUDE
To be effective, a counter notification from the alleged infringer must include the following:
- 1. The alleged infringer’s name, address, and telephone number;
- A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which the Service Provider is located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;
- 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;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and
- A physical or electronic signature of the alleged infringer.
WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION
Upon receipt of a counter notification containing the information as outlined above:
- 1. Service Provider shall promptly provide the complaining party with a copy of the counter notification;
- 2. Service Provider shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- 3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Service Provider’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on Service Provider’s network or system.