DMCA Notice & Takedown Policy and Procedures
This website (the “Site”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k) of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Accordingly, we observe and comply with the DMCA in connection with claims of copyright infringement arising under United States law, and have adopted the following Notice and Takedown Policy in connection with material appearing on the Site. In jurisdictions other than the United States,we observe local laws regarding claims of copyright infringement.
Notice of Claimed Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent (identified below) with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site (including the specific URL at which the allegedly infringing material appears);
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Send your Notice of Claimed Infringement to:
T: +86 021 607754351
Please do not send other inquires or information to our Designated Agent.
Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys’ fees under federal law. 17 U.S.C. §512(f).
These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents and not to any other kind of abuse, infringement or legal claim.
Take Down Procedure
Upon receipt of written notification provided in the manner required by 17 U.S.C. § 512, we will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to the user who posted the allegedly infringing material (“User”); and
- Take reasonable steps to promptly notify the User that we have removed or disabled access to the material.
If your notification does not comply with § 512 of the DMCA, but does identify the allegedly infringing
work, we will contact you promptly to assist you in complying with the notice requirements.
If you are a User who has received notice from us that material that you posted has been removed from the Site following our receipt of a notice of claimed infringement, and you are the owner of the material that was removed or are otherwise authorized to use such material, you may provide written counter notification to our designated agent. Your counter notification must include substantially the following information:
(a) Your physical or electronic signature;
(b) 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;
(c) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
(d) Your name, address, telephone number, and e-mail address; and
(e) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, of any judicial district in which we do business, and that you will accept service of process from the complaining party or his agent.
Upon receipt of written counter notification provided in the manner required by 17 U.S.C. § 512, we will:
- Promptly provide the complaining party with a copy of the counter notification;
- Inform the complaining party that we will replace the removed material or cease disabling access to it within ten (10) business days;
- 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 our designated agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain User from engaging in infringing activity relating to the material on our network or system.
Please also note that pursuant to the Digital Millennium Copyright Act, we cannot and do not judge the merits of your claim (or counter-claim). Accordingly, we will not respond to requests to remove, or disable access to, any allegedly infringing material, or to restore any material that has been so removed, except according to the procedure set forth herein or as otherwise required by law.
It is the firm policy of the Site to terminate the accounts of repeat infringers, and/or to block such Users from posting additional content, to the extent technically feasible.
Customer Service Requests
Customer service inquiries sent to the DMCA agent will not receive a response. All such communications must be directed to the Site’s customer service help@TheBlackTrainer.com