DMCA Notice and Takedown Procedure
It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. and other applicable intellectual property laws.
Included below are the processes and procedures that FileServe will follow to resolve any claims of intellectual property violations:
Notice for Claims of Intellectual Property Violations
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide purplinx's Copyright Agent with the following information:
You are required to include the following items:
- An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant:) of the copyright or other intellectual property interest that has allegedly been infringed;
- A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
- A description of where the infringing material or activity that the Complainant is located on the Site, with enough detail that we may find it on the Site (e.g., Profile ID);
- The name, address, telephone number and email address of the Complainant;
- A statement by the Complainant that upon a good faith belief the disputed use of the material or activity is not authorized by the copyright or intellectual property owner, its agent or the law; and
- A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.
Counter Notification Form
The provider of an affected work may file a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the material in question.
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's real name, street address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of purplinx, Members who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.