Positopia has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act. Positopia will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Positopia’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Positopia may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Positopia removes or disables access in response to such a notice, Positopia will make a good-faith attempt to contact the allegedly infringing party (“Member”) so that they may make a counter notification.
Procedure for Reporting Copyright Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Positopia.
If you believe that material residing on or accessible through the Positopia web site or service infringes a copyright or other intellectual property right, to provide Positopia of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to support@Positopia.com).
Alternatively, you can provide a written notice via mail at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Attn: Copyright Dept
2054 Kildaire Farm Rd. #313 Cary, NC 27513
Please specify the type of infringement at issue and the notice must include the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);
- Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
- Identification of the material on Positopia that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Positopia is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);
- Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Positopia on the owner’s behalf, the address, telephone number and email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, Positopia will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
Removal of Allegedly Infringing Material
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, Positopia may remove or disable access to the material infringing upon the intellectual property. If Positopia removes or disables access to content in response to an infringement notice, Positopia will make reasonable attempts to notify the Member that Positopia has removed or disabled access to the material. Repeat offenders will have all material removed from the Positopia site, and Positopia will permanently suspend the offender from our site.
Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Positopia.
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, please do not re-list or reactivate the material yourself. You have two courses of action. You may contact the Brand Protection Agent to request permission to sell your item or you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act to the Brand Agent. The counter-notice must contain the following information to the Brand Protection Agent.
- Your signature (signatures may be provided electronically by typing your name);
- 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 disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which Positopia is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a request or counter-notice from the Member is received by the Brand Protection Agent, and an agreement is reached, the Brand Protection Agent may then contact Positopia to state the specifics of the agreement and provide permission for the item to be relisted by the Member.