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DMCA

Thread in 'Site News & Feedback' started by Okuma, Jan 20, 2011.

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  1. Okuma

    Okuma crocodylus pontifex Staff Member

    Administrator Owner

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    DMCA Notice Guidelines

    The Outdoors Trader respects the intellectual property rights of others, and it is The Outdoors Trader’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent of a copyright owner, and you believe that any content on this Site infringes your copyrights, we invite you to submit a notice that complies with the DMCA by providing The Outdoors Trader with the following information in writing:

    • An identification of the copyrighted work or works you own that you claim have been infringed, and where on The Outdoors Trader Site the materials you believe infringe your copyright are located, by URL;

    • Information reasonably sufficient for The Outdoors Trader to contact you, such as an address, telephone number, and/or email address;

    • A statement that you have a good faith belief that the material complained of is not authorized by the copyright owner as it is used on the Site, or its agent, or the law, such as, for example, “I have a good faith belief that the listing [or listings] of copyrighted materials identified herein are being used on your Site in a way that is not authorized by the copyright owner, its agent, or the law;”

    • A statement that the information in the notice is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that you claim was infringed, provided under penalty of perjury such as, for example, “I swear, under penalty of perjury, that the information in this notice is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that I claim is infringed.”

    • A physical or electronic signature by the copyright owner or his, her, or its agent.


    Please send all DMCA complaint notices to attention: The Outdoors Trader, ODT, Inc., P.O. Box 813669, Smyrna, Georgia 30081, or by email to: okumasteve@gmail.com. Any other feedback, questions, comments, requests for technical support or other communications should be directed to:________________________________.

    You acknowledge that if you fail to comply with all of the requirements of these guidelines, your DMCA notice may not be valid.
    Please investigate the facts surrounding your copyrights carefully before sending the DMCA notice. Pursuant to 17 U.S.C. §512(f) of the Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Outdoors Trader with respect to any DMCA notice you send, and you agree to indemnify and hold The Outdoors Trader, and its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters relating to your sending of a DMCA notice.


    DMCA Counter Notice Guidelines

    If User Content you supplied was removed by The Outdoors Trader. The Outdoors Trader will send an email to you which notifies you that the User Content has been removed. The Outdoors Trader email will include the rights owner’s address or email address. If you believe that the User Content you provided was removed in error, The Outdoors Trader suggests that you first try to contact the rights owner to resolve the matter. If the rights owner agrees that he, she or it made a mistake, have them email The Outdoors Trader and The Outdoors Trader will allow you to repost the User Content.

    You also have the option of filing a DMCA Counter Notice with The Outdoors Trader if you feel that your User Content was removed in error and you have not been able to come to an agreement with the rights owner. Such a Counter Notice must comply with the requirements of the DMCA. The Counter Notice is a legal document, and among other things, it requires you to certify under penalty of perjury that your listings are not infringing and were removed by mistake or misidentification. When you sign a Counter Notice under penalty of perjury, you will also have to consent to federal jurisdiction and service of process. The Counter Notice of Designation must include all of the following:

    • 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 was disabled;

    • A statement under penalty or perjury that you have the 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;

    • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the Northern District of Georgia, in which The Outdoors Trader may be found, and that you will accept service of process from the person who provided the initial notice or an agent of that person; and

    • A physical or electronic signature by you or your agent.
    The DMCA Counter Notice should be sent to The Outdoors Trader in the same manner as the DMCA Notice as described above.

    Once a valid DMCA Counter Notice has been submitted, The Outdoors Trader will provide a copy of the Counter Notice to the reporting copyright owner, and will advise him or her that the listing will be reinstated after 10 business days if we do not hear from the reporting copyright owner that he you have or may have against The Outdoors Trader or she has filed an action seeking a court order to restrain you from relisting the item or items. You agree to waive, and hereby do waive, any legal or equitable rights or remedies with respect to any DMCA Counter Notice you send, and you agree to indemnify and hold The Outdoors Trader, and its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters relating to your sending of a DMCA notice.

    This page, along with all other Terms and Policies on this site, are the exclusive intellectual property of ODT, Inc., doing business as The Outdoors Trader and may not be reproduced without the consent of ODT, Inc.
     
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