DMCA and Safe Harbour Policy
This page describes how to serve a Notice of Infringing Material and what to do if any material you have placed on any Journey Evolution site and becomes the subject of such a notice. We take copyright infringement claims very seriously and do not encourage the posting of any unauthorised copyrighted materials at our website. We strictly follow the Digital millennium Copyright Act and we have registered a copyright agent with the United states Copyright Office which limits our liabilities under Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) . Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with Journey Evolution’s rights and obligations under the DMCA and do not constitute legal advice. If you believe that your work is copied and posted in our website in a way that constitutes infringement, you may send us a takedown notice with 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 work or material being infringed.
- Identification of the copyrighted work or material claimed to be infringing, including its location, with sufficient detail so that Journey Evolution is capable of finding it and verifying its existence or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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.
- 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.
- 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.
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable user access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification. Journey Evolution will terminate, under appropriate circumstances, the Accounts of user or such subscribers from the services who are repeated copyright infringers, and reserves the right, in its sole discretion, to terminate any Subscriber for actual or apparent copyright infringement. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.
Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.
Submitting a DMCA Counter-Notification
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification pursuant to sections 512(g) (2) and (3) of the DCMA with us by providing the following information to us at email@example.com:
- The specific URLs of material that Journey Evolution has removed or to which Journey Evolution has disabled access.
- Your name, address, telephone number, and email address.
- 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 the service provider may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
Upon receipt of a valid counter-notification, Journey Evolution will forward it to Complaining party who submitted the original DMCA notification. The original Complaining party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Services.