Copyright Dispute Policy
Effective date: August 17, 2015, In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and (2) remove and discontinue service to repeat offenders. Remember that your use of Gymconcepts Store Services is at all times subject to the Terms of Service, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
A. PROCEDURE FOR REPORTING INTELLECTUAL PROPERTY INFRINGEMENT:
It is our policy to (1) block access to or removes any content (including, without limitation, text, graphics, and photos) (collectively, “Content”) that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and (2) remove and discontinue service to repeat infringers.
If you believe that Content residing on or accessible through the website constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information to the Designated Agent listed below:
- Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through the website, including the registration number(s) for any such material if applicable;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Gymconcepts Store is capable of finding and verifying its existence;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- Your contact information, including your full name, mailing address, telephone number, and email address;
- A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and
- Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- o remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- o A physical or electronic signature of the content provider;
- 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 disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Gymconcepts Store is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed Content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the member, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney’s fees.
You can file complaints through our email at: firstname.lastname@example.org