Effective: October 23, 2014
Blu Ambition LLC, its members, officers, representatives, employees, agents and assigns collectively referred to as (“we”, “our”, “us” and/or the “Company”) respects the intellectual property of others and we expect users of BrandyWordStanton.com (“Site”) to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the summary of which may be found on the U.S. Copyright Office website, Blu Ambition LLC will respond to claims of copyright infringement if such claims are reported to Blu Ambition LLC’s DMCA Agent via the process identified below.
Filing Notification of Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, you may notify our copyright agent via the physical address listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in a clear, complete communication when providing notice of the claimed copyright infringement:
1. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to it shall be blocked and information reasonably sufficient to allow us to locate the material.
2. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
3. A statement that the complaining party “in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law”.
4. A statement that the “information in the notification is accurate”, and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
5. The full legal name and physical or electronic signature (/s/ [printed name]) of a person authorized to act on behalf of the copyright owner. Identification of the copyrighted work claimed to have been infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed, resulting in the take down or blocking of your content, DMCA provides for you to submit a counter-notification that includes the following:
1. Identify, in reasonably sufficient detail, the material that was removed or blocked and the last place it appeared on the Site.
2. Provide your legal name, address, telephone number, and email address (if applicable).
3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was blocked as a result of a mistake or misidentification of the material to be blocked.”
5. Your full legal name and physical or electronic signature (/s/ [printed name]).
All notices and counter-notices must be submitted in writing to the following Designated Agent via one of the following methods:
Blu Ambition LLC
℅ DMCA Agent
PO Box 140682
Nashville, TN 37214
Email to: heythere [at] bluambition [dot] com with “DMCA Notice” in the subject line.
While we understand that mail can be misdirected and email communications can be blocked by spam filters and firewalls, it is your responsibility to follow up with Blu Ambition LLC if you haven’t received acknowledgment that your notice has been received within 10 business days of you mailing the notice or 3 business days of you sending the notice via email.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Notices and counter-notices that fail to comply with DMCA requirements will not be considered sufficient notice and will not be deemed to confer upon Blu Ambition LLC actual knowledge of facts or circumstances from which infringing material or acts are evident.
This information should not be construed as legal advice. If you need additional information or clarification, you should consult an attorney.