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Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act—the text of which can be found at the U.S. Copyright Office -and other applicable intellectual property laws. It is our policy to (1) block access 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. If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good-faith attempt to contact the owner, author, or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
The address of the Designated Agent to whom Notice of Infringement is to be sent is listed at the end of this policy:
Notice of Infringement
If you believe that material or content residing on or accessible through our Web site or service infringes a copyright, please send a Notice of Infringement by providing a written communication (by fax or regular mail -- not by e-mail, except by prior agreement) that sets forth the items specified below.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
You must identify each search result that directly links to a Web page that allegedly contains infringing material.
This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result. - Provide information reasonably sufficient to permit Celebrate with Style to contact you, including address, telephone number and, if available, e-mail address.
- Provide information, if possible, sufficient to permit Celebrate with Style to notify the owner/author/administrator of the Web page that allegedly contains infringing material (e-mail address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing Web pages is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint."
- Sign the paper.
- Send the written communication to the Designated Agent.
Once proper bona fide infringement notification is received by the Designated Agent, it is our policy: (1) to remove or disable access to the infringing material; (2) to notify the content provider, member or user that we have removed or disabled access to the material; and (3) that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider's, member's or user's access to our service.
Please note that you may be liable for damages (including costs and attorneys' fees) if you file a Notice of Infringement materially misrepresenting that a product of activity is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
Counter-Notification
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user 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, member or user must send a counter-notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
To file a counter-notification with us, you must provide a written communication (by fax or regular mail -- not by e-mail, except by prior agreement) that sets forth the items specified below.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs at which material appeared before Celebrate with Style removed or disabled access to such material, and identification of the material that Celebrate with Style removed or to which Celebrate with Style has disabled access.
- Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification of the alleged infringement.
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign the paper.
- Send the written communication to the Designated Agent
If a counter-notice is received by the Designated Agent, Celebrate with Style may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Celebrate with Style's discretion.
Send written communication to DMCA Designated Agent:
JoAnne Alter
Celebrate with Style, LLC
1225 Franklin Avenue, Suite 325
Garden City, NY 11530
Phone: 516-240-8098
Fax: 516-482-4465
E-mail: info@celebratewithstyle.com
