This is the official copyright compliance policy ("Copyright
Compliance Policy") for www.ratefame.com ("Site,"
"we," "us," or "our"), an Internet website offered in
cooperation or connection with the other webites. This
Copyright Compliance Policy sets forth the procedures undertaken by
ratefame.com
to respond to notices of alleged copyright infringement from copyright owners
and terminating the accounts of repeat infringers and does not cover any other
procedures, for any other purpose, or the procedures of the Parent Companies or
any subsidiaries and affiliates of ratefame.com and the Parent Companies (collectively,
"Affiliates"), or any other company, unless specifically
stated.
This Copyright Compliance Policy is a part of the terms
and conditions which are set forth in our Terms of Use Agreement. Any
terms that are not defined in this Copyright Compliance Policy shall have
the meaning given in the Terms of Use Agreement. Both the Terms of Use Agreement
and this Copyright Compliance Policy are legally binding on all
users.
We take protection of copyrights, both our own and others, very
seriously. We therefore employ multiple measures to prevent copyright
infringement over this Site and to promptly end any infringement that might
occur.
How to Send a Notice of Copyright Infringement
In
you are a copyright owner (or the owner's authorized agent) and have a
good-faith belief that material on our website infringes one of your copyrights,
you may notify us using this procedure. In order for us to process your notice
of copyright infringement, it must be sent to the agent designated below and
must include the information specified below. When we receive a notice under
this procedure, we will expeditiously remove or disable access to the material
that is claimed to be infringing or to be the subject of infringing
activity.
Send your notice of infringement to our designated agent for
receiving such notices:
Name of Agent Designated to Receive Notification
of Claimed Infringement: Warren Solow
Full Address of Designated
Agent to Which Notification Should be Sent to:
919 Center St. NW. Calgary,
AB, T2E2P6, Canada
Email Address of Designated
Agent:
copyright@ratefame.com
DO NOT SEND ANY INQUIRIES
UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL
ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE
CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT
CONTACT.
Your notice of infringement must be a written communication
provided to the agent designated above that includes substantially the following
information:
(1) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
(2) Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works on our Site is covered by
a single notification, a representative list of such works on our Site.
(3) 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 the service provider to locate the material.
(4)
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.
(5) 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.
(6) 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.
WE CAUTION YOU THAT IF
YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT
TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT
OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
How to Send a Counternotice If Your Posting Was Removed in
Response to a Notice of Infringement and You Believe the Posting Is Not
Infringing
As explained above, if we receive a notice of infringement
sent to our designated agent with the information described above, we will
expeditiously remove or block access to the material that is claimed to be
infringing. We will also send a notification to the user who posted the
material, at the email address provided by the user in connection with his or
her account with us, telling the user that the material was removed or access to
it was blocked because of claimed infringement.
If you are a user who
posted material that was removed in response to a notice of infringement and you
believe that material was removed due to mistake or misidentification, you may
request that we replace the posting by sending us a counternotice as
follows:
You must send the counternotice to our designated agent for
receiving notices of infringement, whose name and contact information is
above.
Your counternotice must be a written communication sent and must
include substantially the following information:
(1) A physical or
electronic signature of the subscriber (you the user).
(2)
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.
(3) A statement under penalty of
perjury that the user 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.
(4) The user's name, address, and telephone
number, and a statement that the user consents to the jurisdiction of Federal
District Court for the judicial district in which the address is located, or if
the user's address is outside of the United States, for any judicial district in
which the service provider may be found, and that the user will accept service
of process from the person who provided notification of copyright infringement
or an agent of such person.
When we receive a counternotice that
complies with these requirements, we reserve the right, but not the obligation,
to restore the material that was removed after forwarding a copy of the
counternotice to the person who sent the notice of infringement and waiting at
least 10 business days. If, during those 10 business days, the person who sent
the original notice of infringement notifies us that such person has instituted
a suit to seek a court order to restrain the user from infringing activity
relating to the material on our website, we will not replace the material.
Otherwise, we may repost the material at our discretion. However, pursuant to
the Section of the Terms of Use Agreement entitled "Postings", we retain the
right to remove, block access to, or not restore material at any time for any
reason without any liability to the posting user. In particular, a user who
sends a counternotice pursuant to this Copyright Compliance Policy
expressly acknowledges and agrees that we shall not be liable to the user under
any circumstances for declining to replace material.
WE CAUTION YOU THAT
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE
SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS,
AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT
OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
Repeat Infringer Policy
We have a policy of
terminating the accounts of repeat infringers. A repeat infringer includes any
user who has made two or more Postings for which we receive a notice of
infringement under this Copyright Compliance Policy. Each user
agrees that if his or her account is terminated pursuant to this Copyright
Compliance Policy, the user will not attempt to establish a new account
under any name, real or assumed, and further agrees that if the user violates
this restriction by opening a new account after being terminated pursuant to
this Copyright Compliance Policy, the user shall indemnify and hold us
harmless for any and all liability that we may incur therefor.
Sole
Statement: This document is the sole statement of the Copyright
Compliance Policy with respect to this Site, and no summary, restatement or
other version thereof, or other statement or policy, in any form, including,
without limitation, machine-generated, is valid.
This Copyright
Compliance Policy was last modified on April 27, 2009 and is effective
immediately.