_____________ and/or City America, LLC (“Company”) is
a Service Provider under Title II of the Digital Millennium Copyright Act, 17
U.S.C. Section 512 (“DMCA”). The Company
respects the legitimate rights of copyright owners, and has adopted an
efficient notice and takedown procedure as required by the DMCA and described
herein. This policy is intended to guide
copyright owners in utilizing that procedure, and also to guide users in
restoring access to websites that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can
request any Service Provider to disable access to a website where your
copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure:
(1) writing a Proper DMCA Notice, and (2) sending the Proper DMCA Notice to the
Company’s Designated Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify the Company of
particular facts in a document signed under penalty of perjury. We refer to this as a “Proper DMCA Notice.” To write a Proper DMCA Notice, please provide
the following information:
1.Identify
yourself as either:
(a) the owner of a copyrighted work(s), or
(b) a person “authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.”
2. State your
contact information, including your TRUE NAME, street address, telephone number
and e-mail address.
3. Identify the
copyrighted work that you believe is being infringed, or if a large number of
works are appearing at a single website, a representative list of the works.
4. Identify the
material that you claim is infringing your copyrighted work, to which you are
requesting that the Company disable access over the World Wide Web.
5. Identify the
location of the material on the World Wide Web by providing “information
reasonably sufficient to permit the Company to locate the material.”
6. State that
you have “a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agents, or the law.”
7. State that
the information in the notice is accurate, under penalty of perjury.
8.Sign the
notice with either a physical or electronic signature.
Sending the Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your
Proper DMCA Notice to the following agent designated by the Company (the “Designated
Agent”). The contact information for the
Company’s Designated Agent is:
Mail to:
Harwell
Howard Hyne Gabbert & Manner, P.C.
Attn: Kris Kemp, Copyright Agent
315 Deaderick Street, Suite 1800
Nashville, TN 37238
kwk@h3gm.com with the words “DMCA Counter-Notification” in the
subject line
What We Do When We Receive a Proper DMCA Notice
The Company will follow the procedures provided in the
DCMA, which prescribed a notice and takedown procedure, subject to the user’s
right to submit a counter-notification claiming lawful use of the disabled
works.
Notice and Takedown Procedure
It is expected that all users of any part of the Company’s
system will comply with applicable copyright laws. However, if the Company is notified of claimed
copyright infringement, or otherwise becomes aware of facts and circumstances
from which infringement is apparent, it will respond expeditiously by removing,
or disabling access to, the material that is claimed to be infringing or to be
the subject of infringing activity. The
Company will comply with the appropriate provisions of the DMCA in the event a
counter-notification is received by its Designated Agent.
Notice to Users of the Company Systems
Pursuant to the City Directory Terms of Service you
agreed to, you are required to use only lawfully-acquired creative works as
website content, and your website may be disabled upon receipt of notice that
infringing material is appearing there. The Company also respects the legitimate
interests of users in utilizing media content lawfully, being permitted to
present a response to claims of infringement, and obtaining timely restoration
of access to a website that has been disabled due to a copyright complaint.
You may protest a DMCA notice by submitting a counter-notification
as described below.
Writing and Submitting a Proper Counter-Notification
If access to your website is disabled due to operation
of the Company’s notice and takedown procedure described above, and you believe
the takedown was improper, you must submit a Proper Counter-Notification.
Writing a Proper Counter-Notification
A Proper Counter-Notification will notify the Company
of particular facts in a document signed under penalty of perjury.We refer to this as a “Proper Counter-Notification.”To write a Proper Counter-Notification,
please provide the following information:
1. State that access to your website was disabled due
to operation of the notice and takedown procedure.
2. Identify the material that has been removed and
designate its URL prior to removal.
3. State, under penalty of perjury:
(a)your name, address and telephone number,
(b)that you “have a good faith belief that the material was removed or
disabled as result of mistake or misidentification of the material,” and
(c)that you “consent to the jurisdiction of the Federal District Court for the judicial
district in which your address is located.”
Sending the Counter-Notification
To exercise your DMCA rights, you must send your Proper
Counter-Notification to the “Designated Agent” for the Company, whose contact
information is:
Mail to:
Harwell
Howard Hyne Gabbert & Manner, P.C.
Attn: Kris Kemp, Copyright Agent
315 Deaderick Street, Suite 1800
Nashville, TN 37238
kwk@h3gm.com with
the words “DMCA Counter-Notification” in the subject line
Repeat Infringers
If a user is violating the City Directory DMCA Policy
or any of the City Directory Terms of Service, they will be subject to
immediate termination. Furthermore,
repeat infringers will not be tolerated.Many of the Company’s Services do not have account holders or subscribers.For Services that do, the Company will, in
appropriate circumstances, terminate repeat infringers. If you believe that an account holder or
subscriber is a repeat infringer, please follow the instructions above to
contact the Company and provide information sufficient for us to verify that
the account holder or subscriber is a repeat infringer.
Accommodation of Standard Technical Measures
It is the Company’s policy to accommodate and not
interfere with standard technical measures it determines are reasonable under
the circumstances, i.e., technical measures that are used by copyright owners
to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
The Company has discretion to handle non-compliant
notices in whatever manner appears to be reasonable given the circumstances
presented.
Submission of Misleading Information
The submission of misleading information of any sort
in a notification or counter-notification submitted to the Company voids any
claim of right made by the submitting party.
