Last Updated: September 30, 2014
COPYRIGHT INFRINGEMENT NOTICE
We respect the intellectual property rights of our Users, visitors, and third parties, and we comply with the Digital Millennium Copyright Act of 1988 (“DMCA”). This DMCA Policy addresses how we handle notices of alleged copyright infringement appearing on this Website.
Pursuant to the DMCA, notifications (each, a “Notification”) of alleged copyright infringement appearing on this Website must be sent in writing to PHF’s designated agent (“Designated Agent”) as follows:
c/o Palm Healthcare Foundation
700 South Dixie Highway, Suite 205
West Palm Beach, FL 33401
Pursuant to Title 17, U.S. Code, Section 512(c)(3), the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single Notification, a representative list of such works;
- 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 PHF to locate the material;
- Information reasonably sufficient to permit PHF to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party 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; and
- A statement under penalty of perjury that the information in the Notification is accurate and that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, U.S. Code, Section 512(c)(3):
- PHF will remove or disable access to the material that is alleged to be infringing;
- PHF will attempt to forward the written Notification to the alleged infringer; and
- PHF will take reasonable steps to attempt to notify the alleged infringer that PHF has removed or disabled access to the material.
Pursuant to Title 17, U.S. Code, Section 512(g)(3), a party may counter a Notification by providing a written communication (each, a “Counter Notification”) to PHF’s Designated Agent that includes substantially the following:
- A physical or electronic signature of the party;
- 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;
- A statement under penalty of perjury that the party has a 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;
- The party’s name, address, and telephone number; and
- A statement that the party consents to the jurisdiction of Federal District Court for the judicial district in which the party is located, or if the party’s address is outside of the U.S., for any judicial district in which the Website may be found, and that the party will accept service of process from the person who provided the Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, U.S. Code, Section 512(g)(2):
- PHF will attempt to provide the Complaining Party with a copy of the Counter Notification;
- PHF will attempt to inform the Complaining Party that PHF will replace the removed material or cease disabling access to the removed material within 10 business days;
- PHF will replace the removed material or cease disabling access to the removed material within 14 business days following receipt of the Counter Notification, provided PHF’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the party providing the Counter Notification from engaging in infringing activity relating to the removed material on PHF’s network or system.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Capitalized terms not defined in our DMCA Policy will have the meaning ascribed to such terms in the Terms and Conditions.