Digital Millennium Copyright Act
Last updated: March 4, 2013
If you are a copyright owner or an agent thereof and believe that any User Submission or other Website Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Website; (iii) a description of the location on the Website of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Tricraft’s designated Copyright Agent for notice of claims of infringement is:
DMCA Designated Agent
4636 Lebanon Pike #152
Hermitage TN 37076
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Tricraft’s customer service at support@Tricraft.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
- Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) 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 disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state your are located and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, Tricraft shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, Tricraft may, in its sole discretion, reinstate the removed material or cease disabling such material.
- In accordance with the DMCA and other applicable law, Tricraft shall, in appropriate circumstances, terminate access, at Tricraft’s sole discretion, of any registered member that Tricraft finds to be a repeat infringer of others copyrights. Tricraft may also, in its sole discretion, limit or fully terminate access to the Website of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.