Effective Date: August 17, 2011
ClearVista will respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). ClearVista may remove allegedly copyright infringing materials from the Website, regardless of ClearVista' liability, upon its receipt of a notice that complies with the DMCA's § 512, which is located at 17 U.S.C. § 512(c)(3). ClearVista, upon removal of any materials that are alleged to be infringing, will make a good faith attempt to notify the owner or uploader of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).
If you believe that content hosted on the Website or listed within the Website infringes upon your copyright rights, please follow the DMCA steps outlined below:
1. If you are a copyright owner, or the authorized agent of a copyright owner, and you believe that content hosted on the Website infringes upon your copyright rights, you may submit a notification pursuant to the DMCA by providing our registered Copyright Agent with the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on the Website;
c. 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 ClearVista to locate the material;
d. Information reasonably sufficient to permit ClearVista to contact you, such as an address, telephone number, fax number, and, if available, an email address;
e. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. ClearVista will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. If you fail to comply with the requirements of the DMCA, your DMCA notice may not be processed. Notices of infringement may be sent to:
a. Email: [email protected]
a. If you believe that content has been removed from the Website in error, you may file a counter-notification with ClearVista' designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) outlined below. Upon receipt of a complying counter-notification, ClearVista may return the allegedly infringing content to the Website.
b. A counter-notification must include:
i. Identification of the specific materials that have been removed from the Website;
ii. Your name, address, telephone number, and email address;
iii. A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
iv. A statement that you consent to federal district court jurisdiction in any district in which ClearVista may be found and that you will accept service of process from the person who provided notification (or their agent); and
v. Your physical or electronic signature.