Makersite respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through Makersite.net (the “Site”) without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). Makersite will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.

 

A. Notification of Alleged Copyright Infringement

 

The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief regarding the use of materials on the Site infringes your copyright, you may send to the Provider a notice requesting that the material be removed, or access to it be blocked. If you believe that your work has been copied and made available through the Site in a way that constitutes copyright infringement, you may send a written document to [Company]’s Designated Agent (as set forth below) that contains the following (a “Notice”):

 

  1. A description of the copyrighted work that you claim has been infringed and, if multiple copyrighted works are covered by a single notification, a list of all such works.
  2. Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.
  3. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf of the owner of an exclusive right that is allegedly infringed;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
  5. A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner’s behalf.
  6. Your name, mailing address, telephone number, and email address.

 

If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Provider against you, the DMCA permits you to send the Provider a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to [email protected]

Please note that you may be liable for damages, including court costs and attorney’s fees, if you misrepresent that content uploaded by a Site user is infringing your copyright. The Provider suggests that you consult with your legal advisor before filing a notice or counter-notice.

Upon receiving a proper Notice, Makersite will remove or disable access to the allegedly infringing material. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

 

B. Counter Notice Procedure

 

If you believe your own copyrighted material has been removed from the Site in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following:

 

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, the District of Delaware or any other judicial district in which Makersite may be found.
  3. A statement that you will accept service of process from the party that filed the Notice or the party’s agent.
  4. Your name, address and telephone number.
  5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  6. Your physical or electronic signature.

 

If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.

 

C. Repeat Infringer Policy

 

In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Site by users who may infringe or repeatedly infringe the copyrights of others.

 

EU Online Dispute Resolution (ODR) information

 

If you are a consumer resident in the European Union (consumer as defined in Article 4 of EU Directive 2013/11/EU), the EU Commission provides an Online Dispute Resolution (ODR) platform for the out-of-court resolution of disputes concerning contractual obligations. You can find the link to this platform here: https://webgate.ec.europa.eu/odr/main/

 

 

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