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DMCA Policy

Introduction

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PoundsPunch.com respects the intellectual property rights of others and expects its users to do the same. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. PoundsPunch.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

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Copyright Infringement Notification

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If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

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  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a website are covered by a single notification, a list of such works at that website.

  3. 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 PoundsPunch.com to locate the material.

  4. Information reasonably sufficient to permit PoundsPunch.com 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.

  5. 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.

  6. 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.

 

All DMCA notices should be sent to our designated agent through the "Contact Us" link on PoundsPunch.com.

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See 17 U.S.C. § 512(c)(3) for more details.

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You also should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys’ fees.

 

 

Counter-Notification Procedures

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If you believe that your material has been removed by mistake or misidentification, you may provide a written counter-notification to PoundsPunch.com's DMCA Agent. To be effective, a Counter-Notification must be a written communication provided to the Agent that includes substantially the following:

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  1. A physical or electronic signature of the subscriber.

  2. 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.

  3. 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 of the material to be removed or disabled.

  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which PoundsPunch.com may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

If PoundsPunch.com receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled. Under the PoundsPunch.com Terms of Service agreement, however PoundsPunch.com may have the option to remove the material in any event under its “Acceptable Use” terms.

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Again, you should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.

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Modification of Policy

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PoundsPunch.com reserves the right to modify this DMCA Policy at any time and encourages visitors to frequently check this page for any changes to its DMCA Policy.

 

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NOTE: If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, you should seek advice of legal counsel. We are providing the preceding to you for informational purposes only.

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