STATEMENT OF PURPOSE
The purpose of this policy is to apply the protocols in Section 512 of the Digital Millennium Copyright Act (DMCA) for the reporting of alleged copyright infringement to PocketFives.com (hereinafter “PocketFives”). See 17 U.S.C. § 512. This is not a statement of legal advice, but rather a Notice to advise you how to effectively submit a claim of alleged copyright infringement related to material on the site to PocketFives, so the claim may be addressed promptly.
It is the policy of PocketFives to respect the rights of copyright owners and their agents and representatives. Those who use the PocketFives site and post content thereto are required to respect the protections afforded to copyright owners under applicable law.
COMPLAINT NOTICE PROCEDURE
Pursuant to the DMCA, to notify PocketFives of claimed infringement, you must submit a notice. The notification of alleged infringement should include – in all relevant substance – the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list;
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 PocketFives to locate the material;
Information reasonably sufficient to permit PocketFives to contact the complaining party, such as an address, telephone number, and/or e-mail address;
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; and
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.
DESIGNATED AGENT – HOW TO NOTIFY US OF ALLEGED INFRINGEMENT
All notifications of alleged infringement on PocketFives should be submitted to our designated agent. Click here for information on how to contact our designated agent.
NOTICE AND TAKEDOWN PROCEDURE
PocketFives expects its users to comply with all applicable copyright laws. However, once PocketFives receives notification of the alleged infringement through the procedure discussed above, PocketFives will respond quickly, by removing or otherwise preventing user access to the material at issue.
After material is taken down, PocketFives will endeavor to promptly contact the subscriber who posted the material using the e-mail address provided to us by the subscriber. In so doing, PocketFives reserves the right to share the notification and accompanying materials (including name and e-mail address) provided by the individual or entity that submitted the notification of alleged infringement.
In response to this notice or otherwise, the subscriber whose content was removed may submit a counter-notification to our designated agent email@example.com, which PocketFives will address consistent with the provisions of the DMCA.
The Counter-Notification should provide:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification of infringement, or an agent of such person.
PocketFives reserves the right, if appropriate, to terminate a user’s account for a single instance of alleged infringement, either reported through the Complaint Notice Procedure above or otherwise. Additionally, PocketFives, under appropriate circumstances and in its discretion, may terminate a user’s account for repeated acts of infringement.
ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is the policy of PocketFives to accommodate and to not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works.