ENIGMA COMMUNICATIONS and/or goofysnaps.com take very seriously the protection of our copyrights, as well as the copyrights of others. This Copyright Compliance Policy describes the various means we use to prevent copyright infringement on these websites and how we act to respond to any infringement that might occur, and our procedures to end infringement once notified, including but not limited to terminating the accounts of any repeat infringers. This Copyright Compliance Policy is part of the conditions regulating your use, as a Subscriber, of the websites, as well as included in the terms set forth in our Terms and Conditions Agreement. This Copyright Compliance Policy and the Terms and Conditions Agreement shall be legally binding on all users and/or Subscribers of the website or any user-interactive programs or user-designed content created on the website or uploaded to the website. We will remove or disable access to the infringing material or items claimed to be infringing as soon as we receive a notice under the following procedure.
1. How to Send a Notice of Copyright Infringement
Any copyright owner, its assignee, or its agent with a good-faith belief that infringing material is being displayed on our website may notify us of their copyright by the following procedure. You must send a formal, written Notice of Copyright Infringement and Take-Down Demand to the designated agent for notice of copyright infringement at the following address:
Attn: DESIGNATED AGENT TO RECEIVE NOTICE OF CLAIMED INFRINGEMENT
Mr. Mitch Mandell
Copyright Agent
Enigma Communications
P.O. Box 3162
Big Bear Lake, CA 92315
webmaster@goofysnaps.com
Elements of Notification. To be effective, the Notification of Claimed Infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) 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 service provider to locate the material.
(iv) 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 at which the complaining party may be contacted.
(v) 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.
(vi) A statement that the information in the notification 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.
2. Put-back Procedure. In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, upon receipt of a Notice of Infringement regarding any user who has posted material to our website, we will, via e-mail, notify any users of the website whose materials have been removed or whom we have blocked assess, and provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. If you believe your posted material was mistakenly taken down or misidentified in the Notice of Infringement, you must use this Counter-notice and Put-Back procedure to reinstate your posting to the website. If a user provides a proper “counter-notice” claiming that the material does not infringe copyrights, we will then promptly notify the claiming party of the individual’s objection. If the copyright owner does not bring a lawsuit in district court within 10 days after we deliver your counter-notice to them, we will then restore the material to its location on the website.
Your proper counter-notice must contain the following information:
- The subscriber’s (you, the website user’s) physical or electronic signature;
- 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 under subsection (c)(1)(C) or an agent of such person.
We reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter-notice to the person who sent the notice of infringement and waiting at least 10 business days. However, pursuant to the Section of the Terms of Use Agreement entitled “Postings”, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counter-notice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.
ANYONE WHO KNOWINGLY MISREPRESENTS THAT ONLINE CONTENT IS INFRINGING OR THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO SEVERE CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY ANY COPYRIGHT OWNER OR THE COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION, AS WELL AS ALSO BEING LIABLE FOR CRIMINAL PROSECUTION FOR PERJURY.
Repeat Infringer.
We also reserve the right to terminate the accounts of infringers, including banning users who have been previously terminated and who later attempt to establish a new account under a real or assumed name. This document is the sole statement of the Copyright Compliance Policy with respect to this web site, and no summary, restatement or other version thereof, or other statement or policy, in any form is valid.
This Copyright Compliance Policy is effective immediately.
