Digital Millennium Copyright Act Notice and Takedown Procedure
 
Smart Marketings intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "take down" provisions, and to benefit from the safe harbors immunizing Smart Marketings from liability to the fullest extent of the law. Smart Marketings reserves the right to terminate the account of any Client and/or Member who infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent. 

Included below are the processes and procedures that Smart Marketings will follow to resolve any claims of intellectual property violations:
 
A) Notice for Claims of Intellectual Property Violations.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Smart Marketings' Copyright Agent with the following information:
  • 1. An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant:) of the copyright or other intellectual property interest that has allegedly been infringed;
  • 2. A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
  • 3. A description of where the infringing material or activity that the Complainant is located on the Site, with enough detail that we may find it on the Site (e.g., unique URL to the file);
  • 4. The name, address, telephone number and email address of the Complainant;
  • 5. A statement by the Complainant that upon a good faith belief the disputed use of the material or activity is not authorized by the copyright or intellectual property owner, its agent or the law; and
  • 6. A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.
Smart Marketings' Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:
By E-Mail: abuse@smartmarketings.com
 
B) Smart Marketings' Response to Notice for Claims of Intellectual Property Violations.
Upon Smart Marketings' receipt of a Notice for Claims of Intellectual Property Violations, Smart Marketings will take the following steps:
  • 1. Promptly remove or disable access to the material or activity claiming to be infringing;
  • 2. Notify the Client and/or Member responsible for posting the alleged infringement of copyright or other intellectual property rights that the material or activity has been removed or access to it has been disabled; and
  • 3. Provide the Client and/or Member with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.
 
C) Counter Notification Form.
If a Client and/or Member receives notice that a material or activity posted on the Site was removed or disabled and the Client and/or Member wishes to dispute the Notice for Claims of Intellectual Property Violations, the Client and/or Member must provide Smart Marketings' Copyright Agent with the following information:
  • 1. An electronic or physical signature of the Client and/or Member;
  • 2. A description of the copyrighted work or other intellectual property that has been removed or disabled and the location where the material appeared before removed or disabled;
  • 3. A statement by the Client and/or Member, made under penalty of perjury, that the Client and/or Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • 4. The Client and/or Member's name, address, telephone number and email address, and a statement that the Client and/or Member consents to the jurisdiction of the United States District Court for the judicial district in which the Client and/or Member's residence is located if in the United States, or a similar court in the country of the Client and/or Member's residence. The Client and/or Member must also provide a statement that they will accept service of process from the Complainant.
 
D) Smart Marketings' Response upon Receipt of a Counter Notification Form.
Upon Smart Marketings' receipt of a Counter Notification Form, Smart Marketings will take the following steps:
  • 1. Promptly provide the Complainant with a copy of the Counter Notification Form;
  • 2. Promptly inform the Complainant that the removed or disabled material or activity will be replaced or re-enabled in not less than ten (10), but no more than fourteen (14), business days unless Smart Marketings' Copyright Agent first receives notice that the Complainant has filed an action seeking a court order to restrain the Client and/or Member from engaging in infringing activity relating to the material or activity on the Site; and
  • 3. After the period in Section (D)(2) above has elapsed, replace or re-enable the disabled material unless a notice of action as defined in Section (D)(2) above has been received (unless the material is determined by Smart Marketings in its sole discretion to potentially infringe any intellectual property rights).
To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Smart Marketings, Clients, and Client and/or Members who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any Client and/or Client and/or Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.


Saturday, August 9, 2014







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