Notice of Copyright or other Intellectual Property Infringement
Please notify us if you believe any of your intellectual property rights have been infringed by us or any user of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), Xacutara.com designates the following individual as its agent for receipt of notifications of claimed infringement: by first or second class mail to Xacutara, Attn: Legal Department, by email to [email protected]
To be effective the notification should include:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed;
(b) identification of the copyright work or other material claimed to have been infringed, or if multiple works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material;
(d) information sufficient to allow us to contact the complaining party;
(e) 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 or intellectual property owner, agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed.
If you fail to comply with all of these requirements, your DMCA notification may not be valid. You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA. If you believe that any content posted by you has been removed in error, you may submit a counter-notification in compliance with the DMCA.
To be effective, the counter-notification must include:
(a) your physical or electronic signature;
(b) identification of the material that has been disabled, and the location of the material before it was removed,
(c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material; and
(d) your name, address, and phone number, and a statement confirming that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which site or the objectionable material may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.