We have adopted this Copyright Infringement Policy in accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act (the “DMCA”). We will respond to clear notices of alleged copyright infringement that substantially comply with the requirements set forth here. We do not act as an arbiter or judge of disputes about intellectual property rights. It is our policy to remove content posted by users on our website, which content we believe in good faith is infringing a copyrighted work. By removing content, as a prudential matter, we do not endorse or validate a claim of infringement.
a. Designated Agent. Our designated agent for handling infringement notices and counter-notices: Travel Portland, Attn: DMCA Agent, 100 S.W. Main St., Ste. 1100, Portland, Oregon, 97204; email@example.com; 503.275.9750.
b. Infringement Notices. If you believe your work has been displayed or otherwise used on our website in a manner that infringes your copyright, you must provide written notice to our Designated Agent via mail or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work has been infringed by content on the website. If you are unsure whether your work has been infringed, we recommend that you contact an attorney before sending notice to us.
Use this format for your notice: (a) Identify your work that you believe has been infringed by content on the website; (b) identify all content that you claim infringes your work, describe how the content infringes your work, and describe where the content is located on the website; (c) provide your full name, mailing address, telephone number, and e-mail address, if any; (d) include a statement that, under the penalty of perjury, you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) include a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) sign the notice physically or electronically.
In addition, it will help if you include a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that your work is protected by copyright and that you are the owner of that copyright or are authorized to act on behalf of the owner. If your notice contains the required information, and if we have a good-faith belief that the content is infringing your copyright, we will remove the content.
c. Counter-Notices. The provider of affected content may make a counter notice by writing to our Designated Agent via mail or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your content is not infringing the copyright of a third party. If you are unsure whether your content infringes the copyright of a third party, we recommend that you contact an attorney before sending notice to us.
Use this format for your notice: (a) Identify the content that has been removed, including a description of where the content was located on the website before it was removed; (b) provide your full name, mailing address, telephone number, and e-mail address, if any; (c) include a statement that, under the penalty of perjury, you have a good-faith belief that the content was removed as a result of mistake or misidentification of the content to be removed; (d) include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the Federal District Court of Oregon, and that you will accept service of process from the person who provided notice of the alleged infringement or an agent of such person; and (e) sign the notice physically or electronically.
After reviewing your counter-notice, we may determine that the content is not infringing and may reinstate the content on the website.
d. Repeat Infringers. We will, if appropriate, suspend or terminate repeat infringers’ access to the website. If you believe a website user is a repeat infringer, please follow the instructions above to contact our Designated Agent so we can verify that the user is a repeat infringer.
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