Cinemajuggs.com
DMCA Notice &
Takedown Policy and Procedures
This website
("SITE") qualifies as a "Service Provider" within the
meaning of 17 U.S.C. §512(k)(1) of the Digital Millennium Copyright Act
("DMCA"). Accordingly, it is entitled to certain protections from
claims of copyright infringement under the DMCA, commonly referred to as the
"safe harbor" provisions. We respect the intellectual property of
others, and we ask our users to do the same. Accordingly, we observe and comply
with the DMCA, and have adopted the following Notice and Takedown Policy
relating to claims of copyright infringement by our customers, subscribers or
users.
Notice of Claimed
Infringement
If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide Our
Designated Copyright Agent (identified below) with the following information:
1.
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
2.
Description of the copyrighted work or other intellectual
property that you claim has been infringed;
3.
A description of where the material that you claim is
infringing is located on the SITE (preferably including specific url's
associated with the material);
4.
Your address, telephone number, and email address;
5.
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; and,
6.
A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or intellectual
property owner's behalf.
You may send your Notice of Claimed Infringement either by e-mail to forum@cinemajuggs.com, or submit it using Contact Us
DMCA, or send to:
Copyright
Compliance Department
Cinemajuggs.com
1538 Marco Dr.
Pasadena, MD 21122
Phone: 443-306-7784
Email: forum@cinemajuggs.com
Please do not send other inquires or information to our Designated Agent.
Abuse Notification.
Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in
a DMCA Notice or Counter-notification, can result in legal liability for
damages, court costs and attorney’s fees under federal law. See; 17 U.S.C. §512(f). These Notice
and Takedown Procedures only apply to claims of copyright infringement by
copyright holders and their agents – not to any other kind of abuse,
infringement or legal claim. We will investigate and take action against anyone
abusing the DMCA notification or counter-notification procedure. Please ensure
that you meet all of the legal qualifications before submitting a DMCA Notice
to our Designated Agent.
Take Down Procedure
The SITE implements the
following "notification and takedown" procedure upon receipt of any
notification of claimed copyright infringement. The SITE reserves the right at
any time to disable access to, or remove any material or activity accessible on
or from any SITE or any Materials claimed to be infringing or based on facts or
circumstances from which infringing activity is apparent. It is the firm policy
of the SITE to terminate the account of repeat copyright infringers, when
appropriate, and the SITE will act expeditiously to remove access to all
material that infringes on another's copyright, according to the procedure set
forth in 17 U.S.C. §512 of the "DMCA". The SITE's DMCA Notice
Procedures are set forth in the preceding paragraph. If the notice does not
comply with §512 of the DMCA, but does comply with three requirements for
identifying sites that are infringing according to §512 of the DMCA, the SITE
shall attempt to contact or take other reasonable steps to contact the
complaining party to help that party comply with the notice requirements. When
the Designated Agent receives a valid notice, the SITE will expeditiously
remove and/or disable access to the infringing material and shall notify the
affected user. Then, the affected user may submit a counter-notification to the
Designated Agent containing a statement made under penalty of perjury that the
user has a good faith belief that the material was removed because of
misidentification of the material. After the Designated Agent receives the counter-notification,
it will replace the material at issue within 10-14 days after receipt of the
counter-notification unless the Designated Agent receives notice that a court
action has been filed by the complaining party seeking an injunction against
the infringing activity. The SITE reserves the right to modify, alter or add to
this policy, and all users should regularly check back to these Terms and
Conditions to stay current on any such changes.
DMCA Counter-Notification
Procedure
If the Recipient of a Notice of Claimed
Infringement ("Notice") believes that the Notice is erroneous or
false, and/or that allegedly infringing material has been wrongly removed in
accordance with the procedures outlined above, the Recipient is permitted to
submit a counter-notification pursuant to Section 512(g)(2)&(3) of the
DMCA. A counter-notification is the proper method for the Recipient to dispute
the removal or disabling of material pursuant to a Notice. The information that
a Recipient provides in a counter-notification must be accurate and truthful,
and the Recipient will be liable for any misrepresentations which may cause any
claims to be brought against the SITE relating to the actions taken in response
to the counter-notification.
To submit a counter-notification, please provide Our Designated Copyright agent
the following information:
1.
A specific description of the material that was removed
or disabled pursuant to the Notice;
2.
A description of where the material was located within
the SITE or the Content before such material was removed and/or disabled
(preferably including specific url's associated with the material);
3.
A statement reflecting the Recipient's belief that the
removal or disabling of the material was done so erroneously. For convenience,
the following format may be used:
"I swear, under penalty
of perjury, that I have a good faith belief that the referenced material was
removed or disabled by the service provider as a result of mistake or
misidentification of the material to be removed or disabled.
4.
The Recipient's physical address, telephone number, and
email address; and,
5.
A statement that the Recipient consents to the
jurisdiction of the Federal District Court in and for the judicial district
where the Recipient is located, or if the Recipient is outside of the United
States, for any judicial district in which the service provider may be found,
and that the Recipient will accept service of process from the person who
provided the Notice, or that person's agent.
Written notification containing the above information must be signed and sent
to:
Copyright Compliance Department
Cinemajuggs.com
1538 Marco Dr.
Pasadena, MD 21122
Phone: 443-306-7784
Email: forum@cinemajuggs.com
Please do not send other inquires or information to our Designated Agent.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright
Agent will forward it to Us, and We will then provide the counter-notification
to the claimant who first sent the original Notice identifying the allegedly
infringing content.
Thereafter, within ten to fourteen (10-14) days of Our receipt of a
counter-notification, we will replace or cease disabling access to the disputed
material provided that We or Our Designated Copyright Agent have not received
notice that the original claimant has filed an action seeking a court order to
restrain the Recipient from engaging in infringing activity relating to the
material on the SITE's system or network.
Service Provider
Customers or Subscribers
In the event that the
alleged infringer identified in an intended DMCA Notice is, itself, operating
as a "Service Provider" within the meaning of 17 U.S.C. §512(k)(1),
the SITE requests that any such DMCA Notices relating to alleged infringement
by third party users, customers or subscribers of such service providers be submitted
directly to the DMCA Agent designated by the service provider instead of the
SITE.
Modifications to Policy
The SITE reserves the right to modify,
alter or add to this policy, and all affected persons should regularly check
back regularly to stay current on any such changes.
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