In accordance with the U.S. Digital Millennium Copyright Act (DMCA), ADMERGE, Inc. (“ADMERGE”, “we”, “us” or “our”) has adopted the policy below toward copyright infringement. We reserve the right to (1) block access to, or remove, material which 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, subscribers or users and (2) remove and discontinue services to repeat offenders.
Remember that your use of the services provided by ADMERGE, and other websites (“Linked Sites”) with which we may be linked or affiliated (collectively, the “Services”), is at all times subject to the ADMERGETerms and Conditions [provide a click-through button here], which incorporates, among other things, this Copyright Dispute Policy. Any capitalized terms, but not otherwise defined, in this Policy have the definitions given to them in the Terms and Conditions.
- Procedure for Reporting Copyright Infringements. If you believe that any material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to ADMERGE’s Designated Agent to Receive Notices of Claimed Infringement (our “Designated Agent,”) at the contact details listed below:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- identification of the works or materials being infringed;
- identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ADMERGEis able to find and verify it;
- contact information for the notifier, including his or her address, telephone number and, if available, email address;
- a statement from the notifier that he or she has a good faith belief that the material identified in item (1)(c) above was not authorized by the copyright owner, its agent, or the law; and
- a statement, made under penalty of perjury, that the information provided is accurate, and that the notifying party is (or is authorized to make the complaint on behalf of) the copyright owner.
- Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or otherwise pursuant to applicable law, the content provider may send to our Designated Agent a Counter-Notice which contains all of the following information:
- the physical or electronic signature of the content provider;
- 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;
- a statement that the content provider has a good faith belief that the material was removed or disabled as a result of some mistake or misidentification of the material; and
- the content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which ADMERGEis 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 Agent, ADMERGEmay, in its sole discretion, send a copy of such Counter-Notice to the original complaining party informing that person that ADMERGEmay replace the removed material or cease disabling it in up to fourteen (14) business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days, or more, after receipt of the Counter-Notice, in ADMERGE’s sole and absolute discretion.
Please contact ADMERGE's Designated Agent at the following address:
Attn: Copyright Disputes
Irvine, CA 92614