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DMCA Notice

BTSADV abides by the federal Digital Millennium Copyright Act by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. Before sending either a Notice of Infringing Material or Counter-Notification to BTSADV, a lawyer should be contacted to better understand the rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with BTSADV’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

 

To file a notice of infringing material on a site owned or controlled by BTSADV, send a written notification (by postal mail, overnight mail, or, when digitally-signed, by email) to BTSADV with the following information:

 

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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 BTSADV to locate the material.
  • Information reasonably sufficient to permit BTSADV to contact you, such as name, street address, telephone number, and, if available, an email address at which you may be contacted.
  • 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.
  • 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.
  • A physical or electronic signature, in a form reasonably acceptable to BTSADV, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Send the communication to the following contact:

Break The Silence Against Domestic Violence

530 Communications Circle

Colorado Springs, CO 80905

 

Send electronically-signed communication to [email protected].

 

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

  1. BTSADV will remove or disable access to the material that is alleged to be infringing;
  2. BTSADV will forward the written notification to such alleged infringer (the “Alleged Infringer”);
  3. BTSADV will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

DMCA counter-notification procedure

If material that has been posted to a site controlled or operated by BTSADV has been taken down, the party responsible for posting such material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that the party making such a counter notification may be held liable for damages if the party makes material misrepresentations pursuant to federal law in the counter notification. When BTSADV receives a counter notification, the material in question may be reinstated.

 

To file a counter notification with us, the party posting the material in question must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the following information:

  1. Identification of the material that BTSADV has removed or to which BTSADV has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
  2. The responding party’s contact information (such as name, postal address, telephone number, and email address) and a statement of consent to the jurisdiction, and that the responding party will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
  3. A statement that the responding party has a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  4. A physical or electronic signature, in a form reasonably acceptable to BTSADV, of a person authorized to act on behalf of the responding party.

Send the communication to the following contact:

Break The Silence Against Domestic Violence

530 Communications Circle

Colorado Springs, CO 80905

 

Send electronically-signed communication to [email protected].

 

Upon receipt of a counter notification in substantial compliance with the DMCA, BTSADV will provide the party who provided the initial notification of claimed infringement a copy of the counter notification promptly.

 

After receipt of the counter notification, BTSADV will generally replace the removed material and cease disabling access to it, unless BTSADVl’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the party from engaging in infringing activity relating to the material hosted for that project on a website controlled by BTSADV.

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