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DMCA Policy
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Digital Millennium Copyright Act Policy
Imajr is an Online Service Provider under Title II of the Digital Millennium Copyright
Act, 17 U.S.C. Section 512 ("DMCA"). Imajr respects the legitimate rights of
copyrights owners, and has adopted an efficient notice and takedown procedure as
required by the DMCA and described herein. This policy is intended to guide copyright
owners in utilizing that procedure, and also to guide webmasters in restoring access
to websites that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service
Provider to disable access to a website where your copyrighted work(s) are appearing
without your permission. There are two parts to the legal procedure: (1) Writing
a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Imajr Designated
Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify Imajr
of particular facts in a document signed under penalty of perjury. We refer to this
as a "Proper DMCA Notice". To Write a Proper DMCA notice, please provide the following
information:
- Identify yourself as either a) The owner of a copyrighted work(s), or b)
A person "authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed."
- State your contact information, including your TRUE NAME,
street address, telephone number, and email address.
- Identify the copyrighted work
that you believe is being infringed, or if a large number of works are appearing
at a single website, a representative list of the works.
- Identify the material that
you claim is infringing your copyrighted work, to which you are requesting that
Imajr disable access over the World Wide Web.
- Identify the location of the material
on the World Wide Web by providing "information reasonably sufficient to permit
Imajr to locate the material."
- State 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 agents, or the law."
- State that the information in the notice is accurate,
under penalty of perjury.
Sign the notice with either a physical or electronic signature.
Sending The Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights,
you must send your Proper DMCA Notice to the following agent designated by Imajr
(the "Designated Agent".) The contact information for Imajr's Designated Agent is (email) support@Imajr.com.
What We Do When We Receive A Proper DMCA Notice
Imajr will follow the procedures provided in the DCMA, which prescribed a notice
and takedown procedure, subject to the webmaster's right to submit a Counter-notification
claiming lawful use of the disabled works.
Notice and Takedown Procedure
It is expected
that all users of any part of the Imajr system will comply with applicable copyright
laws. However, if Imajr is notified of claimed copyright infringement, or otherwise
becomes aware of facts and circumstances from which infringement is apparent, it
will respond expeditiously by removing, or disabling access to, the material that
is claimed to be infringing or to be the subject of infringing activity. Imajr
will comply with the appropriate provisions of the DMCA in the event a counter notification
is received by its Designated Agent.
Notice to Imajr Users
Pursuant
to the Terms of Service Agreement you agreed to when you were permitted to become
a System User, you are required to use only lawfully-acquired creative works as
website content, and your website may be disabled upon receipt of notice that infringing
material is appearing there. Imajr also respects the legitimate interests of
webmasters in utilizing media content lawfully, being permitted to present a response
to claims of infringement, and obtaining timely restoration of access to a website
that has been disabled due to a copyright complaint.
Your System Use privileges
will also be suspended. You may protest a DMCA notice by submitting a Counter-notification
as described below.
Writing and Submitting a Counter Notification
If access to your
website is disabled due to operation of the Imajr notice and takedown procedure
described above, and you believe the takedown was improper, you must submit a Counter Notification.
Writing a Counter Notification
To write a proper counter-notification, please provide
the following information:
- State that access to your website was disabled due to
operation of the notice and takedown procedure.
- Identify the material that has been
removed and designate its URL prior to removal.
- State, under penalty of perjury, a)Your name, address, and telephone number, b)
That you "have a good faith belief that
the material was removed or disabled as result of mistake or misidentification of
the material," and c) That you "consent to the jurisdiction of the Federal District Court
for the judicial district in which the address is located."
Sending the Counter Notification
To exercise your DMCA rights, you must send your Counter-notification to the "Designated
Agent" for Imajr, whose contact information is: (email) support@Imajr.com.
Repeat
Infringers
Imajr may, in its discretion, use all appropriate means to terminate
user access to its system or network who are repeat infringers.
Accommodation of
Standard Technical Measures
It is Imajr's policy to accommodate and not interfere
with standard technical measures it determines are reasonable under the circumstances,
i.e., technical measures that are used by copyright owners to identify or protect
copyrighted works.
Policy With Regard To Non-Compliant Communications
Imajr
has discretion to handle non-compliant notices in whatever manner appears to be
reasonable given the circumstances presented.
Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification
submitted to Imajr voids any claim of right made by the submitting party.
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