Effective: September 10, 2013
1. Our Designated Agent to Receive Notifications of Infringement Under the DMCA
If you believe that your work has been copied or used within the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you or your authorized representative may provide us with a written communication or notice, which is intended to be consistent with the notice requirements under the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512(c)(3) (the “DMCA Notice”). If applicable, we will respond to notices in a form provided by other jurisdictions as well. The DMCA Notice should be sent to Kirsten Potenza who is the Company’s “Designated Agent” and can be contacted as follows:
• By Mail: Legal, Pound Rockout Workout, LLC 3250 Ocean Park Blvd, Suite 380, Santa Monica, CA 90405
• By Phone: (888) - 281-8505
• By Facsimile: (877) - 830-1690
• By Email: firstname.lastname@example.org
2. Notice of Infringement
The DMCA Notice to the Designated Agent should include the following:
• Signature of Copyright Owner or Agent – 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 Material – Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single written notice, a representative list of such works.
• Identification of the Allegedly Infringing Material – 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 the Company to locate the material.
• Contact Information – Information reasonably sufficient to permit the Company to contact the sender of the DMCA Notice, such as an address, telephone number, and, if available, an electronic mail address at which the sender may be contacted.
• Good Faith Belief of Infringement – A statement that the sender of the DMCA Notice 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.
• Accuracy and Authority – A statement that the information in the DMCA Notice is accurate, and under penalty of perjury, that the sender of the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that a sender of a DMCA Notice may be liable for damages, including court costs and attorneys’ fees, if the sender materially misrepresents that content made available through the Service infringes upon the copyright of another.
If you believe in good faith that a DMCA Notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must be sent to our Designated Agent and must include the following:
• Your Signature – A physical or electronic signature of the user who the claim of infringement is made against.
• Identification of Removed/Blocked Material – 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.
• Your Good Faith Belief – A statement under penalty of perjury that you have 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.
• Your Contact Information, Acceptance of Jurisdiction and Service of Process – Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided the DMCA Notice of the alleged infringement.
4. Termination Under Our DMCA Policy
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts for users of the Service who are deemed to be repeat infringers. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to a DMCA Notice may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.