BluefishUSA has adopted the following general policy towards the infringement of copyright and other intellectual property in accordance with general United States intellectual property laws and the Digital Millennium Copyright Act (the “DMCA”) (a copy of which is available at: http://lcweb.loc.gov/copyright/legislation/dmca.pdf). BluefishUSA will respond to notices in the form provided below from jurisdictions other than the United States as well.
A. Reporting Copyright or Intellectual Property Infringements
BluefishUSA has designated the person listed below as its agent (the “Designated Agent”) to receive notifications of alleged copyright and intellectual property infringement on the Website. BluefishUSA respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BluefishUSA ‘ IP Agent the following information in writing pursuant to the DMCA (Please review these requirements with your legal counsel and see Section 512(c)(3) of the Copyright Act) (the “Notice”):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a specific description of the copyrighted work or other intellectual property that you claim to be infringing (if you believe that multiple works or intellectual property have been infringed at the same location, please provide a list with a specific description of all such works or other intellectual property);
(c) a specific description of where the material that you claim to be infringing is located in the BluefishUSA Technology sufficient to permit BluefishUSA to locate the material;
(d) your address, telephone number and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
(f) a statement by you that the information in your Notice is accurate and a statement made under penalty of perjury that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Once a proper bona fide infringement notification is received by the Designated Agent, BluefishUSA may remove or disable access to the material infringing upon the intellectual property. When removing or disabling access to such material, BluefishUSA will make reasonable attempts to inform the allegedly infringing user of the removal, the reason for the removal, and may provide the user with a copy of the notice and the notifying party’s contact information.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the BluefishUSA’ IP Agent with the following information in writing pursuant to the DMCA (Please review these requirements with your legal counsel and see Section 512(g)(3) of the Copyright Act) (the “Counter Notice”):
(a) a physical or electronic signature of the subscriber of the BluefishUSA Technology;
(b) 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;
(c) a statement made 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; and
(d) the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the 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 the service provider 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.
If a Counter Notice is received by the Designed Agent, BluefishUSA may send a copy of the Counter Notice to the original complaining party informing such person that BluefishUSA may replace the removed material or cease from disabling it. Unless the copyright or intellectual property owners files an action seeking a court order against the allegedly infringing user in connection with the matter described to the Designated Agent, the removed material may be replaced (or access to it restored) in approximately 10 business days after receipt of the Counter Notice, in BluefishUSA’ sole discretion.
You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid and that BluefishUSA may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
BluefishUSA will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers.
Please contact the Designated Agent for any and all Notice and Counter Notice of claims of copyright or other intellectual property infringement via email at: at the following address:
22 Peachwood Dr , Tallassee, AL 36078 , United States