In accordance with the Digital Millennium Copyright Act (the "DMCA"), this policy describes how Livepositively reacts to claims of the illegal use of copyrighted pictures, text, or links to allegedly infringing items.
The DMC Act
The DMCA's Section 512 explains the official reporting obligations for copyright violations. It also describes how to submit a counter-notice in opposition to a notification of alleged infringement.
What Rights Do You Have in a Copyrighted Work?
Please get expert help before submitting us a copyright notification if you are unsure about your ownership of the copyright to a specific work. Live Positively regrets that it is unable to provide legal advice.
How to submit a DMCA notification?
You must give us the following details in order to submit a notification of alleged copyright infringement:
1. The physical or digital signature (typing your complete name will suffice) of the copyright owner or an agent acting on their behalf.
2. A clear description of the allegedly infringing items, such as a copy of your original work or a link to it, or identification of the copyrighted work that is allegedly infringed;
3. A description of the unlawful content and details are sufficient to allow Live Positively to locate it on our website or in our services (such as a link to the offending post)
4. Your contact details, which should include your address, phone number, and email address;
5. a declaration that you really believe the use of the content in the way claimed is prohibited by the copyright holder, its agent, or the law; and
6. A declaration that the details in the notification are true and, under oath, that you have the owner's consent to act on their behalf.
Send an email with the aforementioned information to firstname.lastname@example.org to report alleged copyright violations.
You can also send a copyright notice by mail to:
Live Positively Inc
2467, 1603 Capitol Avenue, Suite 413A
Cheyenne, WY, Laramie, US, 82001
If you willfully materially misrepresent that material or behavior is infringing, you may be responsible for any damages, including costs and attorneys' fees incurred by us or our users, under 17 U.S.C. 512(f). Before submitting us a copyright notification, you should speak with an attorney if you are unsure if the content you are reporting really violates your rights.
How Live Positively deals with the Claim?
Copyright notices are handled by us in the order they are received. Please be aware that sending out multiple DMCA notifications may result in processing delays. Removal of or access restrictions to allegedly infringing material may be part of a livepositive reaction to reports of claimed copyright infringement.
Live Positively will make a good-faith effort to get in touch with the account holder in question if we remove or restrict access to user content in response to a notice of alleged infringement. We'll give them information about the removal or restriction of access, a copy of the takedown notice, and instructions for submitting a counter-notification.
A copy of the complaint will also be sent to the Lumen database. Live Positively reserves the right to suspend infractions, issue warnings to persistent offenders, and in more severe circumstances, permanently close user accounts.
Receiving a DMCA Notification?
If you receive a DMCA notification, it implies that Live Positively has either removed the content mentioned in the notice or has restricted access to it. Please read our notice to you carefully as it contains details on the notification we got as well as guidelines on how to submit a counter-notice.
Submitting a Counter-Notification
You should file a counter-notice by following the directions below if you got a DMCA notification about your content and think it was incorrectly identified or removed.
Reposting content that has been taken down in response to a DMCA notification may result in account suspension for good. Instead of reposting the information if you think it was removed in error, submit a counter-notice.
Please give us the following details in order to submit a counter-notification:
- A handwritten or typed signature (just typing your entire name will do);
- Identification of the content that has been deleted or to which access has been restricted, as well as the page where the content was available prior to deletion or restriction (the DMCA notice's description is sufficient);
- a declaration made under oath that you believe the removal or disablement of the content was caused by an error or misidentification of the content that was intended to be removed or disabled; and
- Your name, address, and phone number, as well as a declaration that you will accept service of process from the party who provided the copyright notification or an agent of that party, and that you consent to the authority of the federal district court for the judicial district where your address is located, or if your address is outside of the United States, for any judicial district in which Live Positively may be found.
Please reply to our initial email notification of the removal and include the aforementioned information in the body of your message in order to submit a counter-notice.
Following Your Counter-Notice Submission
We will promptly provide a copy of any legitimate counter-notice we receive to the original notification's filer. If the original reporter does not notify us within 10 business days that a court order is being requested to stop further infringement of the material, we may reinstall the material that was removed or stop blocking access to it.
Before submitting a DMCA Notification or Counter-Notification, think seriously about it
Please consider your options carefully before making a claim or counter-notice, especially if you are unsure of your eligibility to represent a rights holder or if you are the real owners of such rights. For fraudulent and/or bad-faith statements, there are both monetary and legal sanctions. Please ensure that you are the legitimate rights holder or that the work was removed in error, and that you are aware of the consequences of making a false claim.