delighfullive.blogspot.com respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, delighfullive.blogspot.com will respond expeditiously to claims of copyright infringement committed using the delighfullive.blogspot.com service that are reported to delighfullive.blogspot.com Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the delighfullive.blogspot.com website and service (collectively the “Service“) by completing the following DMCA Notice of Alleged Infringement and delivering it to delighfullive.blogspot.com's Designated Copyright Agent. Upon receipt of Notice as described below, delighfullive.blogspot.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service and/or termination of the delighfullive.blogspot.com user’s account in appropriate circumstances.
DMCA Notice of Alleged Infringement (“Notice“)If you believe that your own copyrighted work is accessible on the our website in violation of your copyright, you may provide to delighfullive.blogspot.com. with a written Notification of an Alleged Copyright Infringement, as provided by the Digital Millennium Copyright Act, 17 United States Code Section 512(c)(3). To be effective, that written Notification, which is also known as a take-down notice, must contain substantially all of the following information:
Deliver this Notice, with all items completed, to delighfullive.blogspot.com Designated Copyright Agent: Copyright Agent |
Counter Notices
One who has posted material that allegedly infringes a copyright may send delighfullive.blogspot.com a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When delighfullive.blogspot.com receives a counter notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to delighfullive.blogspot.com’s Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the delighfullive.blogspot.com Privacy Policy located at http://www.delighfullive.blogspot.com/privacy-policy/ and the terms of the DMCA, the counter notice will be given to the complaining party.
Counter Notice
The Counter Notice should be delivered to delighfullive.blogspot.com’s Designated Copyright Agent: Copyright Agent |
Notification of Trademark Infringement
If you believe that your trademark (the “Mark“) is being used by a user in a way that constitutes trademark infringement, please provide delighfullive.blogspot.com’s Designated Copyright Agent (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit delighfullive.blogspot.com to contact you or your authorized agent, including a name, address, telephone number, and if available, an email address;
- Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;
- Information reasonably sufficient to permit delighfullive.blogspot.com to identify the use being challenged;
- A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
- A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner.
Upon receipt of notice as described above, delighfullive.blogspot.com will seek to confirm the existence of the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Service. A registered user may respond to notice of takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b), or (c) then delighfullive.blogspot.com may exercise its discretion not to remove the Mark. If delighfullive.blogspot.com decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, delighfullive.blogspot.com will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service.
Notification of Other Intellectual Property (“IP”) Infringement
If you believe that some other IP right of yours is being infringed by a user, please provide delighfullive.blogspot.com’s Designated Copyright Agent (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit delighfullive.blogspot.com to contact you or your authorized agent, including a name, address, telephone number, and if available, an email address;
- Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications, or other documentary evidence of your ownership, and (iii) a showing sufficient for delighfullive.blogspot.com to determine without unreasonable effort that the IP has been infringed;
- Information reasonably sufficient to permit delighfullive.blogspot.com to identify the use being challenged;
- A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
- A statement under penalty of perjury that all of the information in the notification is accurate and that you are the IP owner, or are authorized to act on behalf of the IP owner.
Upon receipt of notice as described above, delighfullive.blogspot.com will seek to confirm the existence of the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b), or (c), then delighfullive.blogspot.com may exercise its discretion not to remove the IP. If delighfullive.blogspot.com decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
delighfullive.blogspot.com has no obligation to adjudicate IP claims – User’s agreement to hold us harmless from claims
Claimants and users must understand that delighfullive.blogspot.com is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold delighfullive.blogspot.com harmless from any resulting claims of infringement brought against delighfullive.blogspot.com.
Counter-Notification of an Alleged Copyright InfringementIf you believe your own copyrighted material has been removed from our website as a result of mistake or misidentification, you may provide to delighfullive.blogspot.com. with a written Counter-Notification of Alleged Copyright Infringement, as provided by the Digital Millennium Copyright Act, 17 United States Code Section 512(g)(2) and (3). To be effective, that written Counter-Notification, which is also known as a put-back notice, must contain substantially all of the following information:
You may submit your written Counter-Notification of an Alleged Copyright Infringement to us by certified mail or E-Mail as set forth below: Copyright Agent |
PLEASE NOTE that that if you materially misrepresent in a written Counter-Notification of an Alleged Copyright Infringement that the disabled or removed content was removed by mistake or misidentification, you may be liable for to us for damages, including attorneys’ fees and costs. Further, filing a false written notice will constitute perjury.
Upon receiving a proper written Counter-Notification, as described above, we shall restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your written Counter-Notification of an Alleged Copyright Infringement unless we first receive written 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.
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