Takedown Policy for DMCA

Takedown Policy for DMCA




 

Introduction




 

This DMCA Takedown Policy should only be used to report content that has been published on  LemonSocial.com that is infringing. Please get in touch with us at https://LemonSocial.com/contacts to ask for help removing illegal content that has been identified on other websites.




 

Policy and Procedures for DMCA Notices and Takedowns




 

We recognize the intellectual property rights of copyright holders despite the fact that our website ("Site") is based outside of the United States, which is why we have opted to voluntarily adhere to the Digital Millennium Copyright Act's notice and takedown requirements ("DMCA"). According to the definition of "Service Provider" in 17 U.S.C. 512(k)(1) of the DMCA, this website fits the bill. Therefore, it is entitled to specific defenses against accusations of copyright infringement under the DMCA, also known as the "safe harbor" provisions. We value other people's intellectual property, and we expect our customers to do the same. As a result, we follow and abide by the DMCA, and we have also implemented the Notice and Takedown Policy below in response to accusations of copyright infringement made by our clients, subscribers, or users.




 

Notice of Claim Violation




 

If you think that your work has been reproduced and published on LemonSocial.com in a way that violates your copyright, kindly give the following information to Our Designated Copyright Agent (listed below):




 

(a) the physical or electronic signature of the representative duly vested with authority from the copyright or other intellectual property interest owner;




 

(b) an explanation of the work protected by copyright or other allegedly infringing intellectual property;





 

(c) a description of the location on the Site of the allegedly infringing material (ideally with particular URLs linked to the material);





 

(d) your contact information (phone number, email, etc.);





 

(e) a declaration from you stating that you believe the copyright owner, its agent, or the law has not permitted the disputed use; and,





 

(f) a declaration from you, made under oath, attesting to the accuracy of the information in your notification and that you are the copyright or intellectual property owner or have the necessary authority to act on their behalf.





 

Your Notice of Claim Infringement ("Notice") may be sent to:




 

Ada Lidia Espinal, Lic.

 

legal@LemonSocial.com




 

Send an email to dmca [at] Lemon Social (.com)




 

Please do not send our Designated Agent any additional questions or information. Only content that has been published on Lemon Social.com is covered by this policy. Please get in touch with us at https://LemonSocial.com/contacts to report content that is being used illegally on other websites. Any agency relationship beyond that necessary to accept legitimate DMCA Notices is expressly disclaimed, and our Designated Agent is not permitted to accept or waive service of formal legal process without our prior written approval.




 

 




 

Abuse Notification: Under federal law, violating the DMCA Notice processes outlined above or falsifying information in a DMCA Notice or Counter-notification can lead to legal liability for damages, court expenses, and attorney fees. 512 of the 17 U.S.C. (f). These Notice and Takedown Procedures do not apply to any other abuse, infringement, or legal claim; rather, they only apply to copyright infringement allegations made by copyright holders and their representatives. Anyone abusing the DMCA notification or counter-notification process will be looked into and dealt with. Before sending a DMCA Notice to our Designated Agent, please make sure that you are in compliance with all legal requirements.




 

Remove Procedure




 

Upon receiving any information of alleged copyright infringement, the Site follows the "notification and takedown" procedure described below. The Site reserves the right to disable access to, or delete from any Site, any activity or material that is available there, as well as any content that is claimed to be unlawful or that is based on information that suggests unlawful action. The Site has a strict policy of terminating the accounts of repeat copyright violators where necessary, and the Site will act quickly to block access to all content that violates another's copyright, in accordance with the steps outlined in 17 U.S.C. 512 of the DMCA. The accompanying sentence outlines the DMCA notice procedures for the site. The Site must make an effort to get in touch with or take other reasonable steps to get in touch with the complaining party in order to help that party comply with the notification requirements if the Notice does not comply with 512 of the DMCA but does comply with the three requirements for identifying sites that are infringing under 512 of the DMCA. The Site will quickly remove and/or disable access to the infringing material and notify the affected user if the Designated Agent receives a valid Notice. The affected user may then send a counter-notification to the Designated Agent that includes a declaration made under oath that the removal of the information was due to a mistaken identification of the item. The item in question will be replaced by the Designated Agent after receipt of the counter-notification within ten to fourteen (10-14) days, unless the Designated Agent learns that the complaining party has filed a lawsuit in order to obtain an injunction against the infringing behavior.




 

Procedure for DMCA Counter-Notification




 

A counter-notification may be submitted in accordance with Sections 512(g)(2) and (3) of the DMCA if the recipient of a Notice of Claimed Infringement thinks that the Notice is inaccurate or false and/or that allegedly infringing material has been improperly removed in accordance with the procedures described above. The appropriate procedure for the Recipient to contest the removal or disablement of content in response to a Notice is a counter-notification. A Recipient is responsible for any misrepresentations that may lead to claims being made against the Site regarding the activities taken in response to the counter-notification and must give accurate and true information in a counter-notification.




 

Please give the following details to Our Designated Copyright agent in order to lodge a counter-notification:




 

(a) a detailed description of the content that was deleted or blocked in accordance with the Notice;




 

(b) a description of the location of the material on the site or the content (as defined in the terms and conditions or user agreement for the site) before it was disabled or withdrawn (ideally with particular URLs linked to the material);




 

(c) a declaration expressing the Recipient's conviction that the material was improperly removed or disabled. For ease of use, the format shown below may be used:




 

I certify, under penalty of perjury, that I have a good faith belief that the referenced material was taken down or otherwise made inaccessible by the service provider due to an error or misidentification of the content that needed to be taken down or otherwise made inaccessible.




 

(d) The recipient's name, contact information, including phone and email; and,




 

(e) a declaration that the recipient will accept service of process from the person who provided the notice or that person's agent, and that the recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the recipient is located, or if the recipient is outside of the United States, for any judicial district in which the service provider may be found.




 

The following information must be included in a written notification that is signed and sent to:




 

Hernandez, Lic Ada Lidia

 

Legal@LemonSocial.com






 

dmca [at] Lemonsocial (.)




 

The languages of all DMCA notices and counter-notifications must be English or Spanish. The use of foreign languages or characters in any attempted notifications will be treated as non-compliant and ignored.




 

Please do not send our Designated Agent any additional questions or information. Any agency relationship beyond that necessary to accept legitimate DMCA Notices is expressly disclaimed, and our Designated Agent is not permitted to accept or waive service of formal legal process without our prior written approval.




 

Our Designated Copyright Agent will send a DMCA-compliant counter-notification to Us after receiving it, and We will then send the counter-notification to the claimant who originally received the initial Notice specifying the allegedly infringing content.




 

After that, within ten to fourteen (10-14) days of receiving a counter-notification, We will replace the disputed material or stop blocking access to it if We or Our Designated Copyright Agent have not been notified that the original claimant has initiated legal action to prevent the recipient from engaging in infringement-related activity.




 

Policy Modifications




 

This policy may be changed, altered, or added to at any time by the Site, and anyone who is affected by it should frequently check back to be informed of any updates.




 

Requests for Customer Services




 

Please be aware that the DMCA Agent is a private attorney with a law firm and has no other affiliation with the Site. There won't be a response to your requests for cancellation, payment assistance, or customer service. Such communications shall be addressed to the customer support division of the Site.



 
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