Copyright Act Policy, Notice and Take down Procedure
It is our policy to expeditiously respond to proper notices of alleged copyright infringement that comply with the Copyright Act (DMCA), (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
It is expected that all users of any part of Jackfruto will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating contributors, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the creator of the affected content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
INFRINGEMENT NOTIFICATION: Filing a DMCA Notice of Copyright Infringement
Upon receipt of proper notification of claimed infringement, Jackfruto will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with Jackfruto, you must provide a written communication (by email, fax and mail) that sets forth the information specified in the list below.
Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult an attorney.
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
To file a counter notification with us, you must provide a written communication (by regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Upon receipt of such counter notification, Jackfruto will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Jackfruto will replace the removed material or cease disabling access to it in 10 business days. Jackfruto will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(A) of the DMCA, Jackfruto will, in appropriate circumstances, disable and/or terminate the accounts of contributors who are repeat infringers.