Effective: Jan 1, 2012
- NOTIFICATION OF INFRINGEMENT
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted or accessible on our website (electricmotorsport.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing electricmotorsport.com‘s Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the electricmotorsport.com social network are covered by a single notification, a representative list of such works at that social network.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit electricmotorsport.com to locate the material. Providing URLs is the best way to help us locate content quickly.
- Information reasonably sufficient to permit electricmotorsport.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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 owner, its agent, or the law.
- 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.
You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail as set forth below in Section C.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- 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 access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which electricmotorsport.com may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
- DESIGNATED COPYRIGHT AGENT
electricmotorsport.com‘s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Electric Motorsport, Inc.
Attention: Copyright Agent
2400 Mandela Pkwy
Oakland, CA 94607
For clarity, only DMCA notices should go to the electricmotorsport.com‘s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to electricmotorsport.com customer service through electricmotorsport.com's contact form. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.