Digital Millennium Copyright Act (DMCA) Notice and Procedure
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).
Community Brands (CB) will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. CB may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. CB’s does not protect information provided in these notices.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CB THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated agent at the email address below:
MB Copyright Agent
14488 Old Stage Road
Lenoir City, Tn 37771
Fax: (865) 555-1212
If your content has not been posted to any CB site previous, your notification must include the following information:
- A description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
- A description of where the material that you claim is infringing is located on our Website;
- Information reasonably sufficient to permit CB to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Upon receipt of the written Notification containing the information as outlined in 1 through 5 above:
- CB shall remove or disable access to the material that is alleged to be infringing;
- CB shall forward the written notification to such alleged infringer (“Subscriber”);
- CB shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to CB’s Designated Agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- 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;
- A statement 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;
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of 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 or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- CB shall promptly provide you, the complaining party, with a copy of the Counter Notification;
- CB shall inform you that it will replace the removed material or cease disabling access to it within ten (10) business days;
- CB shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided CB’s Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on CB’s network or system.
CB may, in appropriate circumstances, terminate an account holder or subscriber to an CB Websites if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact CB’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
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At Community Brands, we are committed to protecting your privacy. We do not rent or resell your personal information to third parties for marketing purposes. The information we collect is used to provide services to our customers and this statement of privacy explains data collection and use in those situations. Please read this complete privacy statement.
Collection of personal information
We collect customer login information which comprises name, email address, credit card information. By using this Site, you agree and acknowledge that personal information collected through the Site or in connection with the services provided may be transferred across national boundaries and stored and processed in any of the countries around the world in which CB maintains offices, including the United States.
How your personal information is used
CB collects your information in order to record, support and facilitate your participation with CB. If you provide information to the site, for example, the information is used provide access to the website and other benefits that may be made available to registered users. Your personal information is also used to track your website preferences and keep you informed within unless you have opted not to receive such communications or such communications are prohibited by law.
CB may collect information about the use of the Services and the Site, such as the number of downloads, types of Services used, how many users we receive daily, and the IP/Internet address of your computer. This information is collected in aggregate form, without identifying any user individually.
CB may use this aggregate, non-identifying statistical data for improving the Site and Services, providing more relevant experiences to our customers and for statistical analysis.
Updating your personal information and privacy preferences
You have the right to access and correct your personal information and privacy preferences at any time. You may access and correct your personal information and privacy preferences (such as whether you wish to receive promotional communications) by writing Community Brands at the specified address within the contact information page on the site.
Sharing personal information with third parties
By using this site you also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of your information may be undertaken by trusted third parties. Such third parties are bound by contract with CB not to use your personal information for their own purposes or provide it to any third parties. CB shares personal information with third parties who act as our agents to help us fulfill our service. These third parties constitute credit card processors and email providers for marketing and bulk mailings. Individuals who receive marketing materials from us and wish to opt-out may do so by following the instructions on the emails.
CB may be responsible for the authorized transfer of personal data to third parties. Please note that we may also be required to disclose personal information in response to lawful requests by public authorities including to accommodate national security and law enforcement requirements.
Third party websites
MB Copyright Agent
14488 Old Stage Road
Lenoir City, Tn 37771
Fax: (865) 555-1212