Effective: October 14, 2018
American ACNES Foundation (“AMERICAN”), on behalf of its website and its affiliated websites (collectively, “Website”), addresses copyright violations in accordance with and the policies and procedures stated below and pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”). AMERICAN removes infringing content under any valid DMCA notification. AMERICAN will take reasonable steps to contact the user displaying the removed content so that a counter-notification may be filed. AMERICAN may provide copies of any copyright notices to the participants in the dispute or third parties in AMERICAN’s sole discretion and as may be required by law.
This Copyright Policy may be amended from time to time in AMERICAN’s discretion and pursuant to applicable law. Amended versions of this policy will be effective upon posting on the AMERICAN Website. Questions concerning the AMERICAN Copyright Policy should be directed to Email: You are encouraged to consult legal counsel prior to filing a notification to confirm the legal requirements for filing a claim. This is not legal advice and should not be construed to be legal advice. Any person who knowingly and materially misrepresents that activity or material is infringing may be subject to liability under the DMCA.
Notification:
Any notice of copyright infringement must be contained in a written communication provided to the designated Copyright Agent that includes substantially the following:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
- Provide information reasonably sufficient to locate the copyrighted work on the AMERICAN Website.
- Provide a reasonably sufficient method of contacting you such as phone number and email address.
- Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. Screenshots and URLs are helpful to identify the works in question.
- Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the AMERICAN Website is not authorized by the copyright owner, its agent, or by protection of law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Provide an authorized signature on the notice.
Send the written document to the designated Copyright Agent at AMERICAN:
AMERICAN
Attn:, Copyright Agent
4455 Lamont St., Suite 3
San Diego, CA 92109
Email: legal@acnesfoundation.org
Counter-notification:
If you elect to file a counter-notice, such notice must be contained in a written communication provided to the designated Copyright Agent that includes substantially the following:
- List the items that were removed by AMERICAN and the location at which the material appeared before it was removed.
- Provide your legal name, address, telephone number and email address.
- State that “I consent to the jurisdiction of the Federal District Court for the judicial district in which I reside.” Or if you reside outside of the United States: “I consent to the jurisdiction of the Federal District Court for the judicial district in San Diego, California.”
- State that: “I will accept service of process from the person who provided notification to AMERICAN of the alleged infringement or an agent of such person.”
- State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Provide an authorized signature on the notice.
Send the written document to the designated Copyright Agent at AMERICAN:
AMERICAN
Attn: Copyright Agent
4455 Lamont St., Suite 3
San Diego, CA 92109
Email: Legal@acnesfoundation.org