These Guidelines for the DMCA Articles Treatment Program (the "Rules") control your use of the
DMCA Articles Treatment Program ("Interface") made available by JumboFiles and its associated companies
in relationship with the web page situated www.JumboFiles.org (the "Website"). Please evaluation the Guidelines properly.
The Program allows customers to publish fast is aware to JumboFiles of circumstances where such customers believe that their articles has been ripped in a way that comprises trademark intrusion, or that their ip privileges have been otherwise disregarded (each, an "Infringement Alert"), by associates of the Website ("Members").
The Program is available to: (a) those who are at least (18) decades of age; or (b) legitimate company entities; that (c) are entrepreneurs of complex content (or are certified to act on part of entrepreneurs of complex material); and (d) sign-up for use of the Program as per the specifications set forth herein.
To be able to access to the Program, you must first visit the Website and finish the Program signing up procedure ("Registration"). To be able to finish the Registration procedure, each registrant must include his, her or its correct and verifiable: (a) company name and/or title with the appropriate company (if applicable); (b) personal and/or company entity-related e-mail deal with, emailing deal with, daytime and/or cellular numbers, as applicable; and (c) any other information expected on the appropriate Registration form.
If JumboFiles grants your Signing up, you can set up your User interface consideration ("Account") by choosing your: (a) person name; and (b) code. You can accessibility your Account at the Website using your person name and code, and modify your code and person name at your attention. You are accountable for keeping the privacy of your Account, person name and code and for reducing accessibility your laptop or computer. You take accept liability for all actions that happen through use of your Account, person name and code.
JumboFiles may decline your Signing up and/or eliminate your Consideration whenever they want and for any purpose, in its single attention. Such factors may involve, without limitation: (a) where JumboFiles considers that you are in any way in violation of these Guidelines or any JumboFiles Contract (as identified below); and (ii) where JumboFiles considers that you are, whenever they want,engaging in any unwanted or violent action by and through your use of the Program.
The Program enables users to submit Intrusion Notifies that contain multiple consistent resource locators (URLS) of purportedly infringing content. With each Intrusion Aware, 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 JumboFiles 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.
JumboFiles Response to Infringement Alerts
Upon JumboFiles's receipt of an Infringement Alert, JumboFiles 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.
JumboFiles Response to Counter Notification Forms
Upon JumboFiles's receipt of a Counter Notification Form, JumboFiles 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 fourteen (14), business days unless JumboFiles's 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 JumboFiles in its sole discretion to potentially infringe
any intellectual property rights).
JumboFiles's Trademark Broker for Observe for Statements of Perceptive Property Offenses can be achieved as follows:
To the level the is aware and "take down" specifications above vary from the specifications under the DMCA, then the observe specifications as offered by the DMCA shall control and are herein included by referrals. Depending on the DMCA, we have implemented a plan of ending, in appropriate conditions and in the single attention of JumboFiles, Account privileges of those Associates that are considered to be do it again trademark infringers. We may also, in our single attention, restrict access the Website and/or eliminate the account of any Participant who intrudes upon any ip privileges of others, whether or not there is any do it again intrusion.
Representations and Warranties
You signify and cause to JumboFiles that: (a) these Guidelines comprise your lawful, legitimate and joining responsibility which is completely enforceable against you according to their terms; (b) your use of the Program will not issue with or violate: (i) any supply of law, guideline or control to which you are topic such as, without restriction, appropriate trademark laws; (ii) any purchase, verdict or decree appropriate to you; or (iii) otherwise breach the circumstances included in Area 6 above; (c) any and all statements of ip possession and/or intrusion created by you in relationship with the Program and/or Infringement Notifies are real, precise and correct; and (d) you will be just accountable for your use of the Program, the Infringement Notifies, your Consideration and any measures taken by JumboFiles in relationship therewith.
You accept indemnify and carry JumboFiles, its mother and father and subsidiaries, and each of their specific associates, authorities, administrators, workers, providers, co-branders, articles licensors and/or other lovers, simple from and against any and all statements, expenditures (including affordable attorneys' fees), loss, matches, expenditures, requirements and/or choice at all, created by any third celebration due to or coming up out of: (a) your use of the Program, your Consideration and/or distribution of Intrusion Notifies in any way, whatsoever; (b) your abuse of these Rules; (c) any argument between you and any Members, Complainants and/or third parties; and/or (d) your abuse of any privileges of another personal and/or enterprise. The conditions of this Area 11 are for the advantage of JumboFiles, its mother and father, subsidiaries and/or associates, and each of their specific authorities, administrators, associates, workers, providers, investors, licensors, providers and/or legal professionals. Each of these people and agencies shall have the right to claim and use these conditions immediately against you on its own part.
Moreover to these Guidelines, the Program, your use thereof, as well as your use the Web page, shall be controlled by all appropriate JumboFiles deals such as, without restriction, the JumboFiles Web page Conditions and Conditions, JumboFiles Web page Comfort Plan and Electronic Century Trademark Act Observe and Takedown Process (collectively, "JumboFiles Agreements"). These Guidelines are hereby included into the JumboFiles Legal agreements, and any and all terms and scenarios included therein shall utilize to these Guidelines. Where there is a issue between the terms and scenarios of these Guidelines and those of the JumboFiles Legal agreements, the JumboFiles Legal agreements shall management in all respects; offered, however, that under all circumstances, and regardless of any such issue, the specifications as offered by the DMCA shall management.
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