DMCANOTICE AND PROCEDURE FOR MAKING AND COUNTERING CLAIMS OF COPYRIGHT INFRINGEMENT 2Swap.com expects all site members to comply with applicable copyright laws. However, if 2Swap.com is properly notified of a claimed copyright infringement, it will respond appropriately, which may include removing or blocking access to disputed content pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA"). Pursuant to the DMCA, 2Swap.com has designated a Copyright Agent to receive notification of alleged copyright infringement occurring on the site. Copyright Agent: Todd Beck INFRINGEMENT NOTIFICATION If you believe that your copyrighted work is being infringed, please notify our Copyright Agent in writing, preferably by e-mail. To be effective, an Infringement Notification must include the following: 1. Identification of the copyrighted work that allegedly has been infringed. 2. The location of the allegedly infringing content on 2Swap.com, preferably with a URL or link. 3. Your contact information, including mailing address, telephone number, and, if available, e-mail address. 4. A statement by you indicating you have a good-faith belief that the disputed content is not authorized by the copyright owner, its agent, or the law. 5. A certification that, under penalty of perjury, the information you are providing to 2Swap.com is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 6. A physical or electronic signature by you or the copyright owner. Upon receipt of a written Infringement Notification containing the items above, 2Swap.com will (a) remove or block access to the disputed content; and (b) take reasonable steps to notify the alleged infringer of the action and possibly forward the Infringement Notification. 2Swap.com reserves the right to terminate any member's access if said member is determined to be a repeat infringer by virtue of having received and/or had content removed as a result of Infringement Notifications more than twice. COUNTER NOTIFICATION If you believe that your content has been erroneously removed or blocked as a result of an Infringement Notification, please notify our Copyright Agent in writing. To be effective, a Counter Notification must include the following: 1. Identification of the content that has been blocked or removed with the location, and if possible a URL or link, for where the content previously appeared. 2. A statement by you indicating you have a good-faith belief that the disputed content was blocked or removed as a result of a mistake or misidentification, and that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which 2Swap.com may be found, and that you will accept service of process from the party who submitted the Infringement Notice or an agent of such person. 3. A certification that, under penalty of perjury, the information you are providing to 2Swap.com is accurate. 4. Your physical or electronic signature. Upon receipt of a written Counter Notification containing the items above, 2Swap.com (a) will take reasonable steps to provide the party that submitted the Infringement Notification with a copy of the Counter Notification; and (b) may replace the removed content or cease blocking access to it as permitted by the DMCA. |
