Livingly Media Copyright Policy
Last Updated: March 25, 2008
We respect the intellectual property rights of others, and we ask that our users do the same. We have adopted the following general policy in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.
It is our policy to block access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
Notice of infringing material
We respond to notices of alleged infringement that comply with the DMCA and other applicable laws. In accordance with the DMCA, we have assigned a Designated Agent to handle copyright infringement claims. Our Designated Agent’s contact information is at the end of this Policy.
If you believe that your copyrighted work has been used on our website in a way that constitutes copyright infringement, please send to the Designated Agent a notice of copyright infringement under the DMCA containing the following information:
1. Identification of the copyrighted work that you claim has been infringed on our website;
2. Identification of the material that you claim has infringed on the identified copyrighted work, including (a) a description of how the material in question is using the copyrighted work in a way that constitutes copyright infringement, and (b) a description of where the material in question is located on the Livingly website, with sufficient detail that we may verify the existence of the material on the web site;
3. Your contact information, including your full name, mailing address, telephone number, and email address;
4. Statement by you that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright holder, its agents, or the law;
5. Statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are the authorized to act on behalf of the copyright holder; and
6. Electronic or physical signature of the person authorized to act on behalf of the copyright holder.
In addition to the above items, it would be helpful to include and any information to allow us to verify with certainty the copyright status of the work you claim has been infringed (for example, a copy of the copyright registration for the work).
Review of notices
Once received, we will review your notice. If your notice contains all of the appropriate information under the DMCA, and if we believe in good faith that the material in question is being used in a way that constitutes copyright infringement, then we will promptly remove or disable access to the infringing material.
If material that you have posted on our site has been removed or disabled due to alleged copyright infringement, you may send our Designated Agent a counter-notification containing the following information:
1. Identification of the material that has been removed or disabled, including a description of the where the material in question appeared on the Livingly website before it was removed or disabled;
2. Statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or blocked as a result of a mistake or misidentification of the material in question;
3. Your contact information, including full name, mailing address, telephone number, and email address;
4. Statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Livingly is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
5. Your electronic or physical signature.
Once received, Livingly will review your counter-notification and will take action that we believe in good faith to be appropriate.
Original user-submitted works
If you are looking for information on how copyrights for original user-submitted works are governed by Livingly, please see our Terms of Service.
Contact information for designated agent
The contact information of Livingly’s DMCA Designed Agent is:
DMCA Agent – Livingly Media, Inc. 990 Industrial Road, Suite 204 San Carlos, CA 94070 email: email@example.com
Please note that submissions by email will generally receive the most prompt review.