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Making Claims of Copyright Infringement

PROCEDURE

Use.com abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Use.com that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification.

Upon receipt of a counter notification described below, Use.com will promptly provide the complaining party with a copy of the Counter Notification. Use.com will replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless the our Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringing party from engaging in infringing activity relating to the material on Use.com's system or network.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.  The preceding notice requirements are intended to comply with Use.com's rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice. Please consult your legal counsel or see Section 512(c) of the Copyright Act to confirm these requirements.

NOTIFICATION 

Use.com respects the intellectual property of others and we expect our members, subscribers, and  partners to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may file a claim of copyright infringement. To file a notice of infringing material, you will need to send  a written communication that includes substantially the following:

  1. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  2. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
  3. Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  4. Your name, 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.
  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 owner or are authorized to act on the copyright owner's behalf. 
  7. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

This notice must be sent to our designated agent as follows:

By Mail:
Jonathan Murphy
407 Center Point Circle, Suite 1635
Altamonte Springs, Florida 32701
 
By Fax:
Attn: DMCA Agent, Use.com
+1 (407) 260-1184
 
By Email:
Email: dmca@use.com

 

COUNTER-NOTIFICATION 
 
If material that you have uploaded to the Use.com video streaming service has been taken down, you may file a counter-notification. To be effective, a counter notification must be a written communication to our designated notification agent, containing the following information: 
 
1. 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 disabled;
2. 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 material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Use.com may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
5. Your physical or electronic signature.

This counter-notification must be sent to our designated agent as follows:

By Mail:
Jonathan Murphy
407 Center Point Circle, Suite 1635
Altamonte Springs, Florida 32701
 
By Fax:
Attn: DMCA Agent, Use.com
+1 (407) 260-1184
 
By Email:
Email: dmca@use.com

 

Pursuant to the Online Copyright Infringement Liability Limitation Act, Use.com is not liable for copyright infringement resulting from the conduct of its subscribers or members. Under the Act, Use.com is required to promptly remove any material stored on its system or network by its members upon the proper notification from copyright owners that such material may be infringing upon valid copyright rights. We enforce a policy that provides for the termination, at our sole discretion, of the accounts of members who are repeat infringers.

Under the Act, Use.com is not liable for any claim based on Use.com's  good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing. Use.com will take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material. 

Note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Additionally, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may also be subject to liability.

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