www.JAVWall.com (“JAVWall”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”).
Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. We will respond to notices of alleged copyright infringement that comply with the “DMCA” or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity, terminating the user’s access to JAVWall, or all of the foregoing.
Accordingly, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users.
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe any material accessible on JAVWall infringes your copyright, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on JAVWall (preferably including specific url’s associated with the material);
(d) your address, telephone number, and email address;
(e) 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 the law; and,
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If we remove or disable access to material in response to such a notice, we will take reasonable steps to notify the user that uploaded the affected content material that we have removed or disabled access to so that the user has the opportunity to submit a counter notification (see below, “DMCA COUNTER-NOTIFICATION PROCEDURES” for instructions on filing a counter notification). It is our policy to document all notices of alleged infringement on which we act.
All copyright infringement notifications and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters may, at our discretion, be deemed non-compliant and disregarded.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on JAVWall is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The copyright owner’s name will be published on JAVWall in place of disabled content. This will become part of the public record of your DMCA Notice, along with your description of the work(s) allegedly infringed. All the information provided in a DMCA Notice, the actual DMCA Notice (including your personal information), or both may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information revealed in this way.
DMCA COUNTER-NOTIFICATION PROCEDURES
If you have received a DMCA Notice and believe that material you posted on JAVWall was removed or access to it was disabled by mistake or misidentification, you are permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. Counter notifications must be submitted by the video’s original uploader or an agent authorized to act on their behalf. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against JAVWall relating to the actions taken in response to the counter-notification.
Pursuant to the DMCA, the Counter-Notice must include substantially the following information:
(a) a specific description of the material that was removed or disabled pursuant to the Notice;
(b) a description of where the material was located within JAVWall or the Content before such material was removed and/or disabled (preferably including specific url’s associated with the material);
(c) a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
(e) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.
(f) Your name, address, phone number and physical or electronic signature
We will not respond to counter notifications that do not meet the requirements above.
After we receive your DMCA-compliant counter-notification, we will forward it to the party who submitted the original DMCA Notice and inform that party that the removed material may be restored within ten to fourteen (10-14) days of Our receipt of a counter-notification, unless we first receives notice from the party who filed the original DMCA 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 when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant or to law enforcement or parties that assist us with enforcing and protecting our rights.
Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also at our sole discretion limit access to JAVWall, terminate or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
TAKE DOWN PROCEDURE
JAVWall implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. JAVWall reserves the right at any time to disable access to, or remove any material or activity accessible on or from JAVWall or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of JAVWall to terminate the account of repeat copyright infringers, when appropriate, and JAVWall will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). JAVWall DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, JAVWall shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When we receive a valid notice, JAVWall will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to us containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After we receive the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless we receive notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. JAVWall reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
MODIFICATIONS TO POLICY
JAVWall reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back regularly to stay current on any such changes.
CUSTOMER SERVICE REQUESTS
Please note that the DMCA Agent is not associated with the Site in any other capacity, but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the Site's customer service department. service@JAVWall.com