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’s “Designated 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.