Imaginova Corp.
Digital Millennium Copyright Act ("DMCA") Policy
Introduction
This policy is intended to implement the procedures set
forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act
("DMCA") for the reporting of alleged copyright infringement. It is
the policy of Imaginova Corp. (the "Company") to respect the
legitimate rights of copyright owners, their agents, and representatives. Users
of any part of the Company computing system are required to respect the legal
protections provided by applicable copyright law.
Designated Agent
The Company's Designated Agent to receive notification of
alleged infringement under the DMCA is:
Anthony Duignan-Cabrera
Imaginova Corp.
470 Park Avenue South, 9th Floor
New York, NY 10019
Fax: (212) 703 - 5801
Email: dmca@imaginova.com (this email address is only for copyright
infringement claims - you will not receive a reply if the matter is not a
copyright issue)
(This email address is only for copyright infringement claims.You will not receive a reply if the matter is not a copyright issue.)
Upon receipt of proper notification of claimed infringement,
Company will follow the procedures outlined in this policy and in the DMCA.
Complaint Notice Procedures for Copyright Owners
The following elements must be included in your copyright
infringement claim:
1. An
electronic or physical signature of the owner (or a person authorized to act on
behalf of the owner) of an exclusive copyright-related right that is allegedly
infringed.
2. Identification
of the copyrighted work claimed to have been infringed, or if a single notice
objects to several copyrighted works at a single online site, a representative
list of the infringed works at that site. A "representative list" should
identify every work if there are less than ten such works, and at least half of
the works if there are ten or more such works.
3. 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. This should include the exact URL and the date on which the infringement was noted.
4. Information reasonably sufficient to permit the Company to contact the complaining party. If at all possible, this should include an electronic mail address, and should include a mailing address, telephone number, and fax number.
5. A
statement that the complaining party 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.
6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result
in a delay of the processing or the DCMA notification.
Notice and Takedown Procedure
All users of any part of the Company system must comply with
all applicable copyright laws. However, if the Company receives proper
notification of claimed copyright infringement, it will respond expeditiously
by removing, or disabling access to, the material that is claimed to be
infringing or to be the subject of infringing activity. The Company will comply
with the appropriate provisions of the DMCA upon receiving any counter
notification.
Please allow at least three business days to process any complaint or counter-notification. The Company will process these items as rapidly as possible, but cannot predict the number of active items it may have at any given time.
Repeat Infringers
Infringement of the copyrights of others violates the Terms of Service for all of the Company’s computing systems and networks. Under appropriate circumstances, Company may restrict or terminate the access of its system or network users who are repeat infringers. The Company will cooperate with copyright holders if it believes that any repeat infringer’s activity is both (a) persistent and (b) willful and/or for purposes of financial gain, and such cooperation may include, among other things, the release of otherwise private user information after appropriate notification and (if necessary) due process of law.
