1. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the A Gentle Goodbye website (the “Site”), we will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). You should send any notice of infringement relating to the Site or any materials uploaded or displayed on the Site to our designated copyright agent.
If you decide to send us any such notice, you must:
(b) provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
(c) include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) include a statement by you that the information contained in your notice is accurate and that you attest, under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and
(e) include your name, mailing address, telephone number and email address.
You may submit your notice of alleged copyright infringement to our designated copyright agent by fax, mail, or email as set forth below:
2. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you submit a notice in accordance with Section 1 above and you materially misrepresent that content on the Site is infringing. Upon receiving a proper notice as described in Section 1 above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA statutory counter notification procedure described below in Section 3 by which the alleged infringer may respond to your claim and request that we restore his or her material.
3. If you believe your own copyrighted material has been removed by us from the Site as a result of mistake or misidentification, you may submit a written counter notification to our designated copyright agent pursuant to 17 U.S.C. § 512(g)(2) and (g)(3).
To be effective under the DMCA, your counter notification must include substantially the following:
(b) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found;
(c) a statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
(d) your name, address and telephone number;
(e) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(f) your physical or electronic signature.
You may submit your counter-notification to our designated copyright agent by fax, mail, or email as set forth below:
4. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees. If you send us a valid, written counter notification meeting the requirements described in Section 3 above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your counter notification, unless our designated agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.