Effective: Feburary 4, 2011

Notices and Procedures for Making Claims of Copyright Infringement

(a)           Our Designated Agent to Receive Notifications of Infringement Under the Digital Millennium Copyright Act.  If any copyrighted work is accessible on the Websites or through the Service in violation of a copyright, the owner of such copyright (or such owner’s authorized representative) (a “Claimant”) may provide Repio with a written communication or notice pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (the “DMCA Notice”).  The DMCA Notice should be sent to Repio’sDesignated Agent” who can be contacted as follows:

·         By Mail: Jay Bettinger, Corporate Secretary, Repio, Inc., 3020 Old Ranch Pkwy suite 300 0, Seal Beach, CA 90740

·         By Facsimile:  (562) 206-0216

·         By Email: Support@repio.com/repio

(b)           Notice of Infringement.  A Claimant’s DMCA Notice to the Designated Agent should include the following:

·         Signature of Copyright Owner or Agent - A physical or electronic signature of Claimant.

·         Identification of the Copyrighted Material - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single written notice, a representative list of such works.

·         Identification of the Allegedly Infringing Material - 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 Repio to locate the material.

·         Contact Information - Information reasonably sufficient to permit Repio to contact the sender of the DMCA Notice, such as an address, telephone number, and, if available, an electronic mail address at which the sender may be contacted.

·         Good Faith Belief of Infringement - A statement that the Claimant has 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.

·         Accuracy and Authority - A statement that the information in the DMCA Notice is accurate, and under penalty of perjury, that the Claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that the Claimant may be liable for damages, including court costs and attorneys fees, if the DMCA Notice contains material misrepresentations that content made available through the Service infringes upon the copyright of another.

(c)           Termination Under Repio’s DMCA Policy.  In accordance with the DMCA and other applicable law, it is our policy to terminate, in the appropriate circumstances and at our sole discretion, the account of any User who has been found to violate copyright law by posting material to the Websites or otherwise using the Service in a way that infringes upon the intellectual property rights of others, whether or not there has been repeated infringement by such User. 

(d)           Counter-Notice.  If we know who posted content removed pursuant to a DMCA Notice, we will contact them to notify them of our actions.  If you believe that your User Content was removed from the Service in response to a DMCA Notice by mistake, you may provide our Designated Agent with a “Counter-Notice”.  If your Counter-Notice meets the requirements below, we will forward it to the Claimant (who sent us the DMCA Notice that caused us to remove or disable access to your User Content).  We will then restore your User Content if that Claimant does not file a court action against you within ten (10) business days of their receipt of your Counter-Notice such content will be restored not less then ten (10), no more than fourteen (14),  business days following receipt of the Counter-Notice by Claimant.

Your Counter-Notice should include the following:

·         Signature.  Your physical or electronic signature.

·         Identification of the Removed Material - 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.

·         Good Faith Belief.  A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

·         Contact Information.  Your name, address, and phone number, and a statement that you consent to the jurisdiction of the Federal District Court of the judicial district in which such address is located (or if your address is outside the United States, for any judicial district in which Repio may be found.

 






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