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THIS
NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER
FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF VASTCAST MEDIA, INC.,
WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT
YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE
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It is our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act and other applicable
intellectual property laws. Responses may include removing or
disabling access to material claimed to be the subject of infringing
activity and/or terminating subscribers. If we remove or disable
access in response to such a notice, we will make a good-faith attempt
to contact the owner or administrator of the affected site or content
so that they may make a counter notification pursuant to sections
512(g)(2) and (3) of that Act. It is our policy to document all
notices of alleged infringement on which we act.
Please refer to the following detailed instructions
which must be followed to protect your rights under the Digital
Millennium Copyright Act.
Infringement
Notification
To file a notice of infringement with us, you
must provide a written communication (by fax or regular mail -- not by
email, except by prior agreement) that sets forth the items specified
below. Please note that you may be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that a
product or activity is infringing your copyrights. Accordingly,
if you are not sure whether material available online infringes your
copyright, we suggest that you first contact an attorney.
Your communication must include substantially all of
the following:
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. Identify in sufficient detail the location of
copyrighted work that you believe has been infringed upon (for example,
"The copyrighted work at issue is the text that appears on
http://www.newco.com/uglytext_page.html") or other information
sufficient to specify the copyrighted work being infringed. If
multiple copyrighted works at a single online site are covered by a
single notification, a representative 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 us to locate the material.
4. Information reasonably sufficient to permit us to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted.
5. The following statement: "I 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."
6. The following statement: "I swear, under penalty
of perjury, that the information in the notification is accurate, and
that I am the copyright owner or am authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed."
Send the written communication to:
VastCast Media, Inc.
Attn: DMCA Complaints
The Goodman Law Firm
126 West Fir Street
San Diego, CA 92101
Email: dmca@vastcastmedia.com
Counter Notification
The administrator of an affected site or the
provider of affected content may make a counter notification pursuant
to sections 512(g)(2) and (3) of the Digital Millennium Copyright
Act. When we receive a counter notification, we may reinstate the
material in question.
To file a counter notification with us, you must
provide a written communication (by fax or regular mail -- not by
email, except by prior agreement) that sets forth the items specified
below. Please note that you will be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that a
product or activity is not infringing the copyrights of others.
Accordingly, if you are not sure whether certain material infringes the
copyrights of others, we suggest that you first contact an
attorney. To expedite our ability to process your counter
notification, please use the following format (including section
numbers):
Your communication must include substantially the
following:
1. A physical or electronic
signature of the subscriber.
2. 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.
3. 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 to be removed or
disabled.
4. Your name, address, and telephone number.
5. The following statement: "I consent to the
jurisdiction of Federal District Court for the judicial district in
which the your address is located, (or Santa Clara County, California
if your address is outside of the United States), and that you will
accept service of process from the person who provided notification
under subsection (c)(1)(C) or an agent of such person.
6. The following statement: "I swear, under penalty
of perjury, that I have a good faith belief that the affected material
was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled."
Send the written communication to:
VastCast Media, Inc.
Attn: DMCA Complaints
The Goodman Law Firm
126 West Fir Street
San Diego, CA 92101
Email: dmca@vastcastmedia.com
Account Termination
VastCast Media, Inc. will, in appropriate circumstances, terminate
repeat infringers. If you believe that an account holder or subscriber
is a repeat infringer, please follow the instructions above to contact
VastCast Media, Inc’s DMCA agent and provide information sufficient for
us to verify that the account holder or subscriber is a repeat
infringer.
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