RULES FOR THE DMCA CONTENT REMOVAL INTERFACE

PLEASE SENT YOUR DMCA REPORT TO

E-Mail:

  • admin@yourfilegarden.com




  • These Rules for the DMCA Content Removal Interface (the "Rules") govern your use of the DMCA Content Removal Interface ("Interface") made available by yourfilegarden Ltd. in connection with the website located www.yourfilegarden.com (the "Website"). Please review the Rules carefully.

    1. Interface Description.

      The Interface enables users to submit expedited notices to yourfilegarden of instances where such users believe that their content has been copied in a way that constitutes copyright infringement, or that their intellectual property rights have been otherwise violated (each, an "Infringement Alert"), by members of the Website ("Members").

    2. Requirements.

      The Interface is available to: (a) individuals who are at least eighteen (18) years of age; or (b) valid business entities; that (c) are owners of copyrighted material (or are authorized to act on behalf of owners of copyrighted material); and (d) register for use of the Interface as per the requirements set forth herein.

    3. Registration.

      In order to gain access to the Interface, you must first visit the Website and complete the Interface registration process ("Registration"). In order to complete the Registration process, each registrant must include his, her or its correct and verifiable: (a) business entity name and/or title with the applicable business entity (if applicable); (b) personal and/or business entity-related e-mail address, mailing address, daytime and/or cellular telephone numbers, as applicable; and (c) any other information requested on the applicable Registration form.

    4. Account.

      If yourfilegarden Ltd. approves your Registration, you can set up your Interface account ("Account") by selecting your: (a) user name; and (b) password. You can access your Account at the Website using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account, user name and password.

    5. Rejection/Termination.

      yourfilegarden Ltd. may reject your Registration and/or terminate your Account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (a) where yourfilegarden Ltd. believes that you are in any way in breach of these Rules or any yourfilegarden Ltd. Agreement (as defined below); and (ii) where yourfilegarden Ltd. believes that you are, at any time, engaging in any unauthorized or abusive activity by and through your use of the Interface.

    6. Infringement Alerts.

      The Interface enables registered users to submit Infringement Alerts that contain multiple uniform resource locators (URLS) of allegedly infringing content. With each Infringement Alert, you must include:

      1. An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant") of the copyright or other intellectual property interest that has allegedly been infringed;

      2. The name, address, telephone number and email address of the Complainant;

      3. A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;

      4. A description of where the subject infringing material or activity is located on the Website ("Alleged Infringing Material"), with enough detail that yourfilegarden Ltd. may find it on the Website (e.g., Profile ID);

      5. A statement by the Complainant that, upon information and belief, the use of the Alleged Infringing Material is not authorized by the copyright or intellectual property owner, its agent or the law; and

      6. A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.

    7. yourfilegarden Ltd. Response to Infringement Alerts.

      Upon yourfilegarden Ltd. receipt of an Infringement Alert, yourfilegarden Ltd. will take the following steps:

      1. Promptly remove or disable access to the Alleged Infringing Material;

      2. Notify the Member responsible for posting the Alleged Infringing Material that the Alleged Infringing Material has been removed or access to it has been disabled; and

      3. Provide the Member with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.

    8. yourfilegarden Ltd. Response to Counter Notification Forms.

      Upon yourfilegarden Ltd. receipt of a Counter Notification Form, yourfilegarden Ltd. will take the following steps:

      1. Promptly provide the Complainant with a copy of the Counter Notification Form;

      2. Promptly inform the Complainant that the Alleged Infringing Material will be replaced or re-enabled in not less than ten (10), but no more than twenty (20), business days unless yourfilegarden Ltd. Copyright Agent receives notice that the Complainant has filed an action seeking a court order to restrain the Member from engaging in infringing activity relating to the Alleged Infringing Material on the Website; and

      3. After the period in Section 8(b) above has elapsed, replace or re-enable the Alleged Infringing Material unless a notice of action as defined in Section 8(b) above has been received (unless the material is determined by yourfilegarden Ltd. in its sole discretion to potentially infringe any intellectual property rights).

    9. Agent.

      yourfilegarden Ltd. Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:

      E-Mail:

      • admin@yourfilegarden.com

      To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference. In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of yourfilegarden Ltd., Membership of those Members that are deemed to be repeat copyright infringers. We may also, in our sole discretion, limit access to the Website and/or terminate the account of any Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.

    10. Representations and Warranties.

      You represent and warrant to yourfilegarden Ltd. that: (a) these Rules constitute your legal, valid and binding obligation which is fully enforceable against you in accordance with their terms; (b) your use of the Interface will not conflict with or violate: (i) any provision of law, rule or regulation to which you are subject including, without limitation, applicable copyright laws; (ii) any order, judgment or decree applicable to you; or (iii) otherwise violate the conditions contained in Section 6 above; (c) any and all claims of intellectual property ownership and/or infringement made by you in connection with the Interface and/or Infringement Alerts are true, accurate and correct; and (d) you will be solely responsible for your use of the Interface, the Infringement Alerts, your Account and any action taken by yourfilegarden Ltd. in connection therewith.

    11. Indemnification.

      You agree to indemnify and hold yourfilegarden Ltd., its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Interface, your Account and/or submission of Infringement Alerts in any way, whatsoever; (b) your breach of these Rules; (c) any dispute between you and any Members, Complainants and/or third parties; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 11 are for the benefit of yourfilegarden Ltd., its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

    12. yourfilegarden Ltd. Agreements.

      In addition to these Rules, the Interface, your use thereof, as well as your use the Website, shall be governed by all applicable yourfilegarden Ltd.agreements including, without limitation, the yourfilegarden Ltd. Website Terms and Conditions, yourfilegarden Ltd. Website Privacy Policy and Digital Millennium Copyright Act Notice and Takedown Procedure (collectively, "yourfilegarden Ltd. Agreements"). These Rules are hereby incorporated into the yourfilegarden Ltd. Agreements, and any and all terms and conditions contained therein shall apply to these Rules. Where there is a conflict between the terms and conditions of these Rules and those of the yourfilegarden Ltd. Agreements, the yourfilegarden Ltd. Agreements shall govern in all respects; provided, however, that under all circumstances, and regardless of any such conflict, the requirements as provided by the DMCA shall control.

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