WritingGroove.com is an online service provider as defined in the Digital Millennium Copyright Act. We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We do not monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on the WritingGroove.com website and you did not authorize the use of the content you must notify WritingGroove.com in writing in order for us to identify the allegedly infringing content and take action.
Upon receipt of Notice as described below, WritingGroove.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Services and/or termination of the user’s account. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place by sending a DMCA Notice of Alleged Infringement in the format provided below.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
We will be unable to take any action if you do not provide us with the required information. Your written notice must include the following:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
- Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
- Provide your mailing address, telephone number, and, if available, email address.
- Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit WritingGroove.com to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.
- Information reasonably sufficient to allow WritingGroove.com to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Deliver this Notice, preferably by email, with all items completed, to WritingGroove.com’s Designated Copyright Agent:
50126 HWY 60, SPC 82
Email: WG AT WritingGroove.com
Attn: Copyright Agent
DMCA COUNTER NOTIFICATION
The process for counter notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
When we receive a counter notification, we may reinstate the material in question. To file a counter notification, you must provide a written communication that sets forth the items specified below.
ELEMENTS OF COUNTER NOTIFICATION
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs of material that has removed or to which has disabled access.
- Provide your full name, address, telephone number, and email address, and the username of your account.
- Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Miami-Dade County, Florida if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement:
- “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
WHAT HAPPENS NEXT?
After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant.
After we send out the counter notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on WritingGroove.com. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
POLICY WITH REGARD TO NON-COMPLIANT COMMUNICATIONS
WritingGroove.com 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 voids any claim of right made by the submitting party.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.