The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Pursuant to the DMCA, Trufl, Inc. (“Trufl”) has established policies and procedures for dealing with alleged and actual copyright and trademark infringement. It is our policy to (1) block access to or remove work, content or material that we believe in good faith to be copyrighted or otherwise protected material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or User; and (2) remove and discontinue service to repeat offenders.
If you believe in good faith that materials hosted by Trufl infringe your copyright, trademark rights or intellectual property rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Trufl to locate the material on the Website;
(d) the name, address, telephone number, and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trufl will not respond to complaints that do not meet these requirements. If Trufl determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Trufl will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing a copyright or intellectual property. If you are not sure whether the material available online infringes a copyright or intellectual property right, we suggest that you first contact an attorney.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:
(a) your name, address, and telephone number;
(b) the source of the content that was removed;
(c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error;
(d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Trufl may be found, and that you will accept service of process from the person who provided the original complaint; and
(e) a physical or electronic signature (for example, typing your full name).
If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling access to it in ten (10) business days. Unless the copyright or intellectual property owner files an action seeking a court order against the content provider or user, 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, at our discretion.
Please note that the content provider or user will be liable for damages (including costs and attorneys’ fees) if he, she or it materially misrepresents that material is not infringing the copyright or intellectual property right of others. If you are not sure whether certain material infringes the copyright or IP right of others, we suggest that you first contact an attorney.
Notices and counter-notices with respect to the Website must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/legislation/pl105-304.pdffor details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement: