4/6/2006
FREEYOURSPARETIME.COM respects the intellectual property rights of
others and expects its users to do the same. FREEYOURSPARETIME.COM may remove
content that in its sole discretion appears to infringe the intellectual
property rights of others. In addition, FREEYOURSPARETIME.COM will, in its
discretion, terminate the accounts of users who infringe the intellectual
property rights of others. If you believe that a user of the website or the
Services has infringed your copyrights, please notify FREEYOURSPARETIME.COM's
Copyright Agent. If you believe that a user of the website or the Services has
infringed your trademark/service mark rights, please notify FREEYOURSPARETIME.COM's
Trademark Agent.
Reporting Claims of Copyright and Trademark/Service Mark Infringement
Report Claims of Copyright Infringement
FreeYourSpareTime.com ("FREEYOURSPARETIME.COM") does not
tolerate copyright infringement and will take immediate action to remove or
block access to properly reported infringement. The Digital Millennium
Copyright Act (17 U.S.C. §512, et seq.), also known as the DMCA, provides a
procedure whereby a copyright owner can provide notice that its copyrights are
being infringed on a website. If you believe that a user of the website or the
Services is infringing your copyrights, you may report it to us using one of
the methods outlined below. Please note that under §512(f) of the Copyright
Act, if it is determined that the copyright holder misrepresents its claim
regarding the infringement of the material that is the subject of a DMCA
notification, the copyright holder becomes liable for any damages that resulted
from the improper removal of the material.
Mail or Email a DMCA Notification - Notify FREEYOURSPARETIME.COM's
Copyright Agent, and provide the information outlined below – please be aware
that in order to effect proper notification under the DMCA, all of the
information must be provided. If proper notification is not given, our Agent
cannot act.
a) A physical or electronic signature of the person authorized to
act on behalf of the owner of the intellectual property right, for example,
/John Smith/.
b) An identification of the intellectual property claimed to have
been infringed.
c) A detailed description of the material that you claim is
infringing, so that we may locate it, including the URL where the infringing
material appears.
d) Your address, telephone number, and email address.
e) A statement by you that you have a good faith belief that the
allegedly infringing use is not authorized by the intellectual property rights
owner, its agent, or the law.
f) A statement, made under penalty of perjury, by you that the
above information is accurate and that you are authorized to act on behalf of
the owner of the intellectual property rights involved.
Send the notification to FREEYOURSPARETIME.COM's Copyright Agent
at:
Owner
FreeYourSpareTime.com, 2 Pheasantwood Drive, Suite G, Belleville, IL 62226
Email: [email protected]
Effect of Proper DMCA Notification
When proper DMCA notification is received, the content alleged to be infringing
will be removed or access to it disabled. The user who posted the material will
be notified that a DMCA notification was submitted and that the content he
posted has been removed or disabled. If the user requests such, a copy of the
DMCA notification will be provided to him. The user may opt to file a
counter-notification under the DMCA.
Counter-notification to DMCA Notification
Just as FREEYOURSPARETIME.COM does not tolerate copyright infringement, it does
not tolerate false claims of infringement, either. If you believe that the
content you posted on the website was removed because of mistake or
misidentification, §512(g) of the DMCA provides that you may file a counter-notification
disputing the removal of your content. Please note that if you do not own the
copyrighted material in question, or you do not have permission from the owner
to use it, you MUST NOT submit a counter-notification. Under §512(f) of the
Copyright Act, any person who knowingly, makes material representations in a
counter-notification may be subject to liability and the payment of damages,
therefore, if you are not confident in your claims, we recommend that you seek
legal advice before filing a counter-notification. If proper
counter-notification is not received, our agent cannot act.
Proper counter-notification must include the criteria listed
below.
a) Identify the material that was removed or to which access was
disabled, and the location at which the material appeared before it was removed
or access to it was disabled.
b) Provide your name, postal address, telephone number, and email
address.
c) Include a statement that you consent to the jurisdiction of
Federal District Court for the judicial district in which the address provided
is located, or if your address is outside of the United States, for any
judicial district in which FREEYOURSPARETIME.COM may be found, and that you
will accept service of process from the person who provided the initial
notification of infringement or an agent of such person.
d) Include the following statement: "I swear, under penalty
of perjury, that I have a good faith belief that the removed material was
removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled."
e) Sign the paper or affix an electronic or digital signature to
the communication, for example, /John Smith/.
Send the counter-notification to FREEYOURSPARETIME.COM's Copyright
Agent at:
Owner
FreeYourSpareTime.com, 2 Pheasantwood Drive, Suite G, Belleville, IL 62226
Email: [email protected]
Effect of Proper DMCA Counter-notification
Upon receipt of a counter-notification in substantial compliance
with the DMCA, FREEYOURSPARETIME.COM will provide the person who submitted the
initial notification of claimed infringement with a copy of the
counter-notification, including your personal information. By submitting a
counter-notification, you consent to having your personal information shared in
this manner. The counter-notification will not be shared with anybody but the
original claimant.
After receipt of the counter-notification, FREEYOURSPARETIME.COM
will generally replace the removed material and re-enable access to it not less
than 10, nor more than 14 business days later, unless FREEYOURSPARETIME.COM's
designated agent first receives notice from the person who submitted the
initial notification that such person has filed an action seeking a court order
regarding the removed material. If we receive notice that an action has been
filed, we cannot restore the material. In appropriate circumstances to be
determined at our discretion, we will terminate the accounts of repeat
infringers.
Report Claims of Trademark/Service Mark Infringement
If you believe that a user of the website or the Services is infringing your
trademark or service mark, you may report it to us using one of the methods
outlined below.
Mail or Email a Notice of IP Infringement (non-copyright) - Notify
FREEYOURSPARETIME.COM's Trademark Agent, and provide the information outlined
below. Please note that our Trademark Agent needs all of this information in
order to respond to your notice.
a) Provide your name, postal address, telephone number, and email
address.
b) Describe what rights are infringed.
c) State that you are the owner of such rights or a person legally-authorized
to act on behalf of the owner.
d) Tell us where the infringing content appears on the website – include the
specific URLs.
e) Tell us how the content you have identified infringes your rights.
f) If the trademark or service mark is registered, please provide the
registration number(s) and the country(ies) in which it is registered.
g) Include a statement that you declare under penalty of perjury that all of
the information contained in the notice is accurate and that the use of your
intellectual property as described in the notice, in the manner complained of,
is not authorized by the rights owner, its agent, or the law.
h) A physical or electronic signature of the person authorized to act on behalf
of the owner of the intellectual property right, for example, /John Smith/.
Send the notification to FREEYOURSPARETIME.COM's Trademark Agent
at:
Owner
FreeYourSpareTime.com, 2 Pheasantwood Drive, Suite G, Belleville, IL 62226
Email: [email protected]
DISCLAIMER: THE INFORMATION PROVIDED HEREIN IS FOR INFORMATIONAL
PURPOSES ONLY - IT IS NOT LEGAL ADVICE. IF YOU REQUIRE LEGAL ADVICE, CONSULT AN
ATTORNEY.