Copyright and Intellectual Property Policy under the DMCA
Last updated January 2011
It is OutfitID’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of OutfitID and/or others.
You shall not use any OutfitID Site or Service to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act (DMCA), OutfitID has adopted and implemented a policy, stated below, that provides for:
• The termination in appropriate circumstances of Members who infringe or are believed to be infringing the rights of copyright holders
• The removal of content that we believe in good faith to be copyrighted material that has been illegally copied and distributed
• Allow for submitters of challenged material to make a counter-notice to the Designated Copyright Agent of OutfitID Inc.
Procedure For Making Claim of Potential Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provideOutfitID’s Copyright Agent listed below with the following information required under 17 U.S.C. 512:
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. A description and identification of the copyright work(s) claimed to have been infringed;
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 enough information to permit OutfitID to locate the material on the Site;
d. Your address, telephone number and email address;
e. A statement, made under penalty of perjury, that the complaining party, has 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
f. A statement, made under penalty of perjury, that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. OutfitID’s Copyright Agent for notice of claims of copyright infringement on any OutfitID, Inc site (including, but not limited to, realorsteal.com, www.outfitID.com, www.outfitidentifier.com) can be reached as follows:
Upon receipt of notice as described above, OutfitID will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination or suspension of the Member’s account.
Repeat Infringer Policy
OutfitID has a policy of terminating the accounts of repeat infringers. A repeat infringer shall include any Member who has made multiple submissions of Member Submitted Content for which we receive a notice of claimed infringement under this Copyright and Intellectual Property Policy. Each Member agrees that, if his/her account is terminated pursuant to this Copyright and Intellectual Property Policy, the Member will not attempt to establish a new account under any name, real or assumed, and further agrees that if the Member violates this restriction by opening a new account after being terminated pursuant to this Copyright and Intellectual Property Policy, the Member will indemnify and hold us harmless for any and all liability that we may incur.
Procedure to Supply Counter-Notification Regarding Claim of Infringement
If the Member believes that the material that was removed or to which access was disabled is either: 1) not infringing, or 2) the Member believes that it has the right to post and use such material from the copyright owner or the copyright owner’s agent, the Member must send a counter-notification containing the following information to the Designated Copyright Agent listed below:
a. A physical or electronic signature of the Member;
b. 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;
c. A statement that the Member has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
d. Member’s name, address, telephone number, and, if available, e-mail address; and
e. A statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if the Member’s address is located outside the United States, for any judicial district in which OutfitID 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 Copyright Agent, OutfitID may send a copy of the counter-notice to the party originally claiming infringement informing that person that OutfitID may replace the removed material or cease disabling it in 10-14 business days. Unless the copyright owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10-14 business days after receipt of the counter-notice, at OutfitID’s full discretion.