FULFILLED DMCA COPYRIGHT POLICY
Fulfilled Consulting LLC (“Fulfilled”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
We respect the intellectual property rights of others, and require that the people who use the Site and Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through the Site or Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing to the Designated Agent listed below:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- Identification of the copyright work that you claim has been allegedly infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Fulfilled is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement by you that you have a good faith belief that the disputed material used is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the above information in your notice provided is accurate and the you are the copyright owner or are authorized to act on or make the complaint on behalf of the copyright owner.
If we receive such a claim, we reserve the right to refuse or delete content and to terminate a user’s Account. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) is Tonya Smith.
After receiving a claim of infringement, the Company will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, the Company will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our 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 user from engaging in infringing activity relating to the material on the Site or Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
- Your physical or electronic signature of the content provider, member or user;
- 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 you have 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
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Fulfilled may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Fulfilled’s discretion. In the event that any such claim relating to copyright infringement is asserted against the Company, such claim shall be resolved through binding arbitration in accordance with the Terms provided above.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
The Agreement is the entire agreement between you and the Company with respect to the use of the Site and Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the use of the Site and Services. All waivers must be in writing. The Company shall not be liable for any failure to deliver products or services or otherwise perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control. The Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with the Company’s prior written consent.
The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any attempted transfer in violation hereof will be void and of no effect. This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Except as otherwise provided herein, all notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Fulfilled at firstname.lastname@example.org or at:
Fulfilled Consulting LLC
Attn: Office of Privacy and Copyright
9611 Brookdale Dr.
Charlotte, NC 28215