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DMCA

    DIGITAL MILLENNIUM COPYRIGHT ACT  (“DMCA”) NOTICE

    This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

    This website (see our website’s Terms and Conditions of Use for definitions), including all text, HTML, scripts, and images are copyrighted and owned by AdverCalls Inc.. All rights reserved.

    No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of the website owner.

    This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.

    DMCA PROVISIONS

    The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

    Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

    The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law.  Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.

    NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

    Please send DMCA notifications of claimed copyright infringement to:

    THE WEBSITE OWNER

    Copyright Agent
    Advercalls Inc.
    10061 Riverside Dr., Unit 630
    Toluca Lake, CA, United States 91602
    Fax: 323-443-3825

    To file a notice of infringement with us, you must provide a written communication 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 infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

    To expedite our ability to process your request, please use the following format (including section numbers):

    1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

    2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

    3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).

    4. Include 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.  I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”

    5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature.  The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

     

    For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

    In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]

    If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

    If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

Where can I find more information about the DMCA and other copyright laws?
There are many available resources on the Internet. Linden Lab is not responsible for the content provided by these other resources, but we have found the following to be informative: 

A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright.gov/legislation/hr2281.pdf

The U.S. federal copyright code is here:
http://www.copyright.gov/title17/92chap5.html

More government-provided information on copyrights can be found here:
http://www.copyright.gov

Many universities maintain useful public information regarding copyrights, including:
http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/