NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to § 201.38 and Digital Millennium Copyright Act
iOffer respects the intellectual property of others, and we ask our members to do the same. iOffer may, in appropriate circumstances and at its discretion, cancel listings and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you have found that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please submit the following information to our designated agent.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iOffer to locate the material;
- Information reasonably sufficient to permit iOffer to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA COUNTER-NOTIFICATION PROCEDURE (FOR COPYRIGHTED WORKS ONLY):
After iOffer notifies a seller that it has removed or disabled access to the seller’s listing because it contains material that allegedly infringes a third party’s copyright, the seller may give iOffer a statutory counter-notification pursuant to the DMCA in an effort to have the material in question restored. Any counter-notifications must be given in writing by email, fax or regular mail (see below) to iOffer’s designated agent Alan Korn (firstname.lastname@example.org) and must contain the following elements:
- Your physical or electronic signature
- A description of the item that was taken down
- The item number or URL of the item before it was taken down
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the item to be removed or disabled.
- Your name, address and telephone number, and
- A statement that you consent to the jurisdiction of the federal district court where your address is located (or if you reside outside the United States, that you consent to jurisdiction in San Francisco, California), and that you will accept service of process from the person who provided notification under 17 U.S.C. Section 512 (c)(1)(C) or an agent of such person
Note that you may be found liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity does not infringe the copyrights of others. If you are unsure whether certain material may infringe another’s copyright, we recommend that you first discuss this issue with legal counsel.
Please note that iOffer enforces a policy that provides for the termination of users who are repeat infringers in appropriate circumstances.
A sample counter-notification letter is available at www.chillingeffects.org/dmca/counter512.pdf
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent (updated 10/23/2009)
82 South Park
San Francisco , CA 94107
Fax: (415) 431-3355