The following policy has been adopted by BioHealthyLiving toward copyright infringement in conformity with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the chosen Agent to get Notification of Claimed Infringement is mentioned at the end of this policy.
BioHealthyLiving – DMCA COPYRIGHT POLICY
Reporting Copyright Infringement:
You have to submit to the Company, if you affirm that your intellectual property is being violated:
An electronic or physical signature of a person accredited to act as the agent of the owner of the copyright that has been supposedly infringed;
Identification of the works or materials being infringed;
Determination of the material that is claimed to be infringing counting information concerning the exact location of the infringing materials on the Company’s website that the copyright owner wants to have removed, with enough detail so that Company is able of locating and examining its existence;
The person notifying the Company needs to mention their Contact information: telephone number, addressand, if possible, e-mail address;
The notifier should add a statement that he has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information given is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
to delete or block access to the infringing material;
to notify the content provider, user or member that it has deleted or blocked access to the material; and
that repeat offenders will have the infringing material deleted from the system and that Company will stop such content provider’s, user’s or member’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
A electronic or physical signature of the content provider, user or member ;
Identification of the material that has been deleted or to which access has been blocked and the place at which the material was found before it was deleted or blocked;
A statement that the content provider, user or member has a good faith belief that the material was deleted or blocked as a consequence of mistake or a misidentification of the material; and
Content provider’s, user’s or member’s address, telephone number, name, and, if possible, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, user’s or member’s address is located, or if the content provider’s, user’s or member’s address is located outside the United States, for any judicial district in which Company is located, and that such entity or person will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.