DMCA

counter-notificationthe Digital Millennium Copyright Act Policy DMCA

DMCA

Welcome to https://wellnessfitnesspro.com/ (the ”Site”). We respect the intellectual property rights of others just as we expect others to respect our rights.

The Digital Millennium Copyright Act has a Section 512(c). It allows copyright owners or agents to submit takedown notices. As an internet service provider, we can claim immunity from infringement claims under the DMCA’s “safe harbor.” Some sentences here have over 20 words. That’s more than the recommended maximum of 25%. I tried to shorten the sentences. To submit a good faith infringement claim, provide a notice with:

Your contact information and the copyright owner’s.
Identification of the copyrighted work claimed to be infringed.
Identification of the infringing material and information to locate it.
A statement that you have a good faith belief the use is unauthorized.
A statement that the information is accurate and, under penalty of perjury, you are authorized to act on the copyright owner’s behalf.

Notice of Infringement – Claim

1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number, and fax number;
5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. 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 copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Send all takedown notices through our Contact page. Please send by email for prompt attention.

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements under 17 USC Section 512(g)(3):

1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found) and that the you will accept service of process from the person or company who provided the original infringement notification.
5. Send your counter notice through our Contact page. Email is highly recommended.

Repeat Infringer Policy

We take copyright infringement very seriously.

Under repeat infringer policy requirements of the Digital Millennium Copyright Act, we must:

Keep track of DMCA notices from copyright holders.
Make a good-faith effort to identify repeat infringers.
Consider terminating repeat infringers.
Following these steps helps comply with the DMCA to limit our liability for copyright infringement. Short, clear sentences make any written text easier to understand.

Those that violate our internal repeat infringer policy will have their accounts terminated.

Modifications

We may change this page and our DMCA policy at any time. We reserve the right to modify:

The contents of this page
Our DMCA policy

You are encouraged to check back to review this policy frequently for any changes.