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1.-Rules and mode of acceptance of the terms of use.

This agreement governs the access and use of the web page that Techpump Solutions S.L. makes available to users who are interested in the service, titled www.superporn.com.

The use of the services provided on this website implies acceptance of these terms of use.

THE USER declares to have full capacity to contract and be bound by acceptance of these terms of use.

Techpump Solutions S.L. may cease, at any time and without prior notice, providing of the services available through www.superporn.com as well as modify the services provided, whether that be through incidental or substantial aspects. THE USER may terminate this agreement at any time, by withdrawing his user account.

Techpump Solutions S.L. may without notice cancel or suspend the account or access to the website of the USER, according to the unilateral discretion of Techpump Solutions S.L., considering that they are failing to comply with the Terms of Use and/or current legislation.

2.-Price for the use of the service

The use of this service by its users, whether or not registered users, is completely free.

3.-Language of the "terms of use."

The legally established language is Spanish from Spain; therefore before translating this Legal Notice into any other language, the original Spanish clauses must be understood as binding, both in the Legal Notice and in the Terms of Use or Privacy Policy.

4.-Privacy.

With the acceptance of these terms of use, the USER also declares knowledge and acceptance of our privacy policy.

Personal data sent by the USER using any of our forms will be incorporated into an automated file created by Techpump Solutions S.L. for which they are responsible. THE USER agrees that the data he provided is not false, is up-to-date and does not correspond to other persons other than the user.

5.-Intellectual property.

THE USER of the website claims to be the exclusive owner - and that they will continue to be while using this service- that the rights of the content uploaded to this site - whether it\'s intellectual property, image, or any other - or are authorized to broadcast over the web by licensing from the exclusive owner, and that the content does not infringe on the rights of third parties, that are exempt from charges or encumbrance whatsoever and have complete accessibility to it.

Therefore, the USER accepts and understands that only the uploading of material to this website in the following circumstances is permitted:

1. Being the exclusive owner of all of the rights that pertain to content which you make available from our service. In this case, THE USER also states that the content they upload to our service does not belong to the directory of any management entity, retaining the full management of it.
2. That the content uploaded to our service has been reported by the rights owner with a license that allows free dissemination to third parties through any medium.

6.-Release of rights for the provision of the service.

With the acceptance of these terms of use, the USER releases freely and non-exclusively to Techpump Solutions S.L. the rights of intellectual property and of any other type on the content uploaded to this service, including reproduction, distribution, public communication and transformation of the content worldwide, during the time in which the assigning user has access to it from the web, with the only purpose and object of this being that the content can be hosted and disseminated by the user through this service.

The user and owner of the rights to the content uploaded to the website will continue to be the exclusive proprietor, as the assignment contained in this section is only for the purposes that SuperPorn may provide his services through the website and the rest of USERS can access his content.

In the event that the uploaded content is from a third party, but reported with a license that allows its free dissemination, the USER undertakes and is responsible for the license effectively permitting the type of use of that content through the service provided by the website.

The release of rights to Techpump Solutions S.L. of the content uploaded to the service will last as long as the USER has it published on the service offered by www.superporn.com or until he cancels his account with the service, with the exception of any comments made using the service while his account was active that had been published in places other than on the profile of the user whose account has been cancelled, and whose cession of rights will be during the maximum time allowed by the law, without prejudice that the USER will continue being the exclusive author and proprietor of this content.

After the removal of the content or the cancellation of the account by the USER, with said exceptions, it will not be accessible by others although Techpump Solutions S.L. may have backups of the site that could possibly have been made when the content was published.

7.- Release of image rights

In case that the USER uploads content where the image of a person appears (including the avatar of the USER), the USER guarantees being of adult age, to be the owner of the rights belonging to those images and to be in possession of the authorization of the people whose image is being reproduced. The USER is committed not to upload to our website any content without image or video authorization, where people appear who have not authorized the use when being legally enforceable. In case that the content uploaded by the user shows people under adult age, the USER guarantees he or she, has got the express and unequivocal consent for the recording and showcasing of the image, provided by the parents or legal tutors of the underage person.

By the acceptance of these term of use, the USER releases to Techpump Solutions S.L. non-exclusively, effective worldwide, in a free and transferable way with the authority to sub-license, the image rights associated with his photo uploaded to www.superporn.com as well as intellectual property rights of reproduction, distribution, public communication, and transformation of it.

The release of intellectual property and image rights will last as long as the user has his photography posted on his profile on www.superporn.com, and the only purpose will be to show the image to other users of the service.

THE USER is also committed to not uploading to our website, without authorization for the image or video, any in which people appear that have not authorized use when this is legally enforceable.

8.- Liability for improper use of the service and infringement of rights.

THE USER recognizes that Techpump Solutions S.L. is not responsible for possible unlawfulness or damages to the rights of the works or contents that are made available to third parties through the service offered on the website.

Likewise, the USER agrees to report to Techpump Solutions S.L. all content hosted on the website, of which there may be justified suspicion of illicitness.

Techpump Solutions S.L. reserves the right to withdraw content if its illicitness so requires - or content that may have justified suspicion - as required by the current Law of Services of the Society of Information in Spain.

The user is obligated to not carry out any actions or omissions that could break the law or cause damage, and, in particular and for example, will refrain from:

1. Publishing content that is offensive, libelous, slanderous, racist, discriminatory, or which otherwise may injure the rights of third parties.
2. Publishing data, personal images, or private information of any third party.
3. Creating user accounts with fake profiles impersonating third parties.
4. Using the service to perform unauthorized commercial communications or for collecting data from other users.
5. Uploading content to the service which is subject to the intellectual or industrial property rights belonging to third parties without consent of these parties.
6. Publishing content that might infringe on the right to honor, privacy, or image of third parties.

Techpump Solutions S.L. reserves the right to cancel the account of any user that it considers, with good reason, may be using it to infringe on rights of third parties.

9.-Advertising

The user is aware and accepts that Techpump Solutions S.L. may now or in the future include advertising on the website for their own or third party activity.

10.-Applicable law and jurisdiction

For any disputes that may arise in the interpretation or enforcement of these Terms of Use, as well as those derived from the use of the service, both parties agree that the courts and tribunals of Gijón (Spain) will be competent.

11.-Changes in the terms of use

Techpump Solutions S.L. may modify these terms of use.

In the case of modification, the user accepts that they will be sent an e-mail informing them about the modification. Non-registered users must monitor these terms of use frequently in order to ascertain any changes made since the last time they accessed the website.

The use of the service after the modification of the terms of use implies the knowledge and acceptance of the new modified version.

Verstanden, Nachricht schließen

In compliance information stated in article 10 of current legislation, Act 34/2002, of 11th July, on Information Society and Electronic Commerce Services, we inform you that the party responsible for this website where different applications can be downloaded is:

• Company name:  TECHPUMP SOLUTIONS S.L.
• Tax Identification Number:  B33950338
• Registered office: PLAZA 6 DE AGOSTO Nº6, 2º 33203 - Gijón - GIJON (ASTURIAS)
• Contact telephone:   984 49 37 44
• Email address: gdpr@techpump.com
• Official Register:  Asturias, Volume 3646, Book 1, Page 83, Section 8th Sheet AS-37176
• Mark before the O.E.P.M.: M4046881
• EUIPO mark: 0181191249 EM
• USPTO mark: 88786083
• Main Website: https://www.superporn.com

1. PROTECTION OF PERSONALDATA

CONTACT DETAILS OF THE DATA PROCESSING RESPONSIBLE

• Company name:  TECHPUMP SOLUTIONS S.L.
• Tax Identification Number Number:  B33950338
• Registered office: PLAZA 6 DE AGOSTO Nº6, 2º 33203 - Gijón - GIJON (ASTURIAS)
• Contact telephone: 984 49 37 44
• Email address: gdpr@techpump.com

1.1 CONTACT DETAILS OF THE DATA PROTECTION OFFICER  (D.P.O.)

Martin Lopez Escartín, lawyer ICAM 103516 with office for notifications at HONOS ABOGADOS S.L.P. in in Avda Mar Cantábrico nº16, escalera 2, 3º D, 33204, Gijón, Asturias. Telephone number 608781399 and e-mail address gdpr@techpump.com

1.2 PRIVACY POLICY – DUTY OF INFORMATION UNDER THE RGPD 679/2016.

The user, by agreeing to give personal details in this website contact forms, according to what is written in this paragraph of this legal notice, DECLARES AND EXPRESSLY STATES THAT:

They expressly authorize the entity TECHPUMP SOLUTIONS S.L. with address in Plaza 6 de Agosto nº 6 , 2º; 33203 - Gijón (Asturias), to collect and process personal data of the undersigned, or they act as the legal representative, tutor or guardian of any person under age. Likewise, the user declares having been conveniently informed about the following table related to the right stipulated in article 13 of the GDPG.

Minors under 14 are not allowed to give their personal details in our data collection forms, as it is contrary to article 8 RGPD. In case the minor’s consent is needed, this must be given by, and therefore collect data of, the person who holds the minor’s parental rights and/or guardianship.

This current data protection policy may change over time due to possible legislative and case law changes or due to criteria used by the Spanish Data Protection Agency and/or the competent authority at any given time. For this reason TECHPUMP SOLUTIONS S.L. reserves the right to modify this legal notice, adapting it to new legislation or case law that may be enforced at the moment of the access to the websites, as well as other practices in the sector. You are encouraged to periodically visit this page to review this legal notice.

1.3 HOW CAN I EXERCISE MY RIGHTS

• Right to request access to personal data: you can ask TECHPUMP SOLUTIONS S.L.. if we process your data.

• Right to request its correction: when data are incorrectly collected; and/or request its deletion.

• Right to request the limitation of its processing,
• Right to oppose processing: We’ll stop processing your data, except for legal reasons.
• Right to the portability of data; you could expressly request us to send your data to the company you wish at any time. 

1.4 HOW CAN I EXERCISE MY RIGHTS

TECHPUMP SOLUTIONS S.L. will inform all its workers about the procedure to address the rights of the interested parties; We have defined a protocol to be able to respond to all the exercises of rights. You can send us your request for the exercise of rights to gdpr@techpump.com or by postal mail to our address that we put in accordance with art. 10 of the LSSI - CE. We ask that, always for the exercise of the same, take into account the following:

• Upon presentation of their national identity document or passport, the holders of personal data (interested parties) may exercise their rights of access, rectification, deletion, opposition, portability and limitation of treatment. The exercise of rights is free.
• The person in charge of the treatment must respond to the interested parties without undue delay and in a concise, transparent, intelligible way, with a clear and simple language and keep the proof of compliance with the duty to respond to the requests for the exercise of rights made.
• If the request is submitted by electronic means, the information will be provided by these means whenever possible, unless the interested party requests it to be otherwise.
• Requests must be answered within 1 month of receipt, and may be extended for another two months taking into account the complexity or number of requests, but in that case the interested party must be informed of the extension within a month to from the receipt of the request, indicating the reasons for the delay.

2. BASIC PRINCIPLES GOVERNING OUR PRIVACY POLICY.

2.1 CONFIDENTIALITY

All data provided by e-mail or electronic forms will be treated according to current regulations on personal data protection and, in all cases, they will be confidentially handled by the staff of TECHPUMP SOLUTIONS S.L. who will manage such information, as it is signed on the contracts of confidentiality that our organization uses to regulate its employees.

2.2 INFORMATION CONCERNING THE WILLINGNESS TO LEAVE PERSONAL DATA AND ITS CONSEQUENCES

WILLINGNESS

The Website Users are informed, that answers to questions posed in the data collection forms contained on this website are voluntary, though refusal to provide the requested data may result in the inability to access the services required.

CONSEQUENCE

By filling in the forms included on the different websites, relating to services provided by TECHPUMP SOLUTIONS S.L., users accept inclusion in and processing of the data they provide to a personal data file, which is owned by TECHPUMP SOLUTIONS S.L., being the user able to exercise the applicable rights according to the following clause.

Likewise, if a User does not wish to receive information via e-mail or any other means of communication, he/she may communicate it by any means, providing evidence of its reception, to TECHPUMP SOLUTIONS S.L.. on the indicated address.

3. INFORMATION ABOUT THE STORED DATA

The data we keep are the ones included in the website forms such as contact data (basic information): name, family name, e-mail, phone number, etc. This information is received by TECHPUMP SOLUTIONS S.L. and it is never sold, shared or rented to other companies, with the logical exception of supplying the service.

Sometimes we collect navigation data, such as IP or wi-fi data.

4. FOR HOW LONG 

• Data collected for the delivery of our newsletter: From subscription until the user’s request to unsubscribe from the service by sending an e-mail.
• User data uploaded to websites and social networks: From the moment the user consents until they tell us they are no longer willing to provide this consent.

5. WHAT IS THE PURPOSE OF STORING DATA.

The sole purpose of processing your data is to provide you with the service requested by our company and if you have consented to the sending of commercial communications, to be able to send you news about products and prices that we sell.

5.1 REMOVAL FROM THE INFORMATION DISTRIBUTION LIST

If you have accepted the sending of advertising via email, TECHPUMP SOLUTIONS S.L., you could send an email notifying improvements, news or offers that occur on this website. You can unsubscribe at any time by sending an e-mail to TECHPUMP SOLUTIONS S.L...

6. USERS RESPONSIBILITY FOR USE AND CONTENT

Both access to the websites and the use given to the information and contents included in them, will be exclusively responsibility of the user.

Therefore, the use given to the information, images, contents, and/or products referred and accessible through the website, will be subject to the regulations, either national or international, as well as to the principles of good faith and fair dealing on behalf of Users, who will be entirely responsible for this access and correct use.

Users will be required to make reasonable use of services and web content, following the principle of good faith, and the current law, ethics, public order, good practices, rights of third parties, as well as the rights of TECHPUMP SOLUTIONS S.L. itself, all these in accordance with the possibilities and goals for which they were conceived. TECHPUMP SOLUTIONS S.L. assumes no liability, neither direct nor indirect, for emerging damages or lost profits, arising from the misuse of services or web content by Users or third parties.

7. CONCEPT OF USER

The use of the website attributes the condition of User, and it implies full acceptance, without reserve, regarding all and every disclaimer included in this Legal Notice in the version published by TECHPUMP SOLUTIONS S.L.. at the very moment the User accesses the website. Consequently, the User must read carefully this Legal Notice every time they intend to use the website, as it may undergo modifications.

8. OFFICIAL LANGUAGE ON THE WEBSITE

The legally established language is Castillian Spanish; therefore, when translating this legal notice into any other language, the original Spanish clauses must be understood as binding, both in the Legal Notice and in the Service Conditions. 

9. SOCIAL NETWORKS 

TECHPUMP SOLUTIONS S.L. has or can have an active profile in the main social networks. In all the networks where it is present, it is recognized as responsible for the processing of users’ and/or followers’ data, included on its profile page. The processing of these data carried out by TECHPUMP SOLUTIONS S.L. will be that allowed by the social network for business profiles within their policies as social networks. Thus, TECHPUMP SOLUTIONS S.L. will be able to inform its followers by any means the social network allows about its activity, new products and events as well as personalized customer care service. TECHPUMP SOLUTIONS S.L.. will not extract data from social networks, unless there is determined and specific consent from the user.

10. INFORMATION ABOUT LINKS

TECHPUMP SOLUTIONS S.L. does not hold itself liable for websites which don't belong to them and which can be accessed through links or any content made available by third parties.

Any use of a link or access to a non-proprietary website is made at the will and exclusive risk of the user and TECHPUMP SOLUTIONS S.L. does not recommend or guarantee any information obtained through a link other than TECHPUMP SOLUTIONS S.L., nor is it responsible for any loss, claim or damage derived from the use or misuse of a link, or the information obtained through it, including other links or websites, the interruption in service or access, or the attempt to use or misuse a link, both when connecting to the TECHPUMP SOLUTIONS S.L. website, and when accessing information from other websites from the TECHPUMP SOLUTIONS S.L. website.

11. DISCLAIMER AND LIMITATION OF LIABILITY

The information and services included in or available through the website may include inaccuracies or typographical errors. Periodically, changes to the information contained in it are incorporated. TECHPUMP SOLUTIONS S.L. may introduce improvements and/or changes in the services or contents at any given time. 

TECHPUMP SOLUTIONS S.L. has obtained the information and material included on the website from reliable sources but, although this measures have been taken to ensure that the information contained is correct, it does not guarantee that it is accurate and up-to-date.

It is also warned that the contents on this website are for information purposes in terms of quality, location, hosting, services and rates of TECHPUMP SOLUTIONS S.L.

11. INFORMATION ON THE EXEMPTION FROM ALL RESPONSIBILITY ARISING FROM TECHNICAL FAILURE AND CONTENT

TECHPUMP SOLUTIONS S.L. declines any liability in case of interruption or malfunction of the services or contents offered on the Internet, whatever their cause may be. Likewise, TECHPUMP SOLUTIONS S.L. is not responsible for network failure, business damages due to these failures, temporary suspension of electrical power supply or any other type of indirect damage that may be caused to users for reasons beyond TECHPUMP SOLUTIONS S.L.

TECHPUMP SOLUTIONS S.L. does not declare or guarantee that the services or contents are uninterrupted or free of errors, that defects are corrected, or that the service or the server that makes it available are free of viruses or other harmful components, notwithstanding that TECHPUMP SOLUTIONS S.L. makes its best efforts to avoid this type of incidents. In case the User makes certain decisions or takes actions based on the information included in any of the websites, it is recommended to check the information received with other sources.

12. INDUSTRIAL AND INTELLECTUAL PROPERTY

The contents provided by TECHPUMP SOLUTIONS S.L.., as well as the contents available on the network through its websites, constitute a work in terms of legislation on intellectual property and, therefore, they are protected by the laws and international agreements applicable to this field.

Any form of reproduction, distribution, public communication, modification, delivery, and, in general, any other act of public exploitation referring both to the websites and to its content and information, without explicit and prior written consent from TECHPUMP SOLUTIONS S.L. is forbidden.

Consequently, all content that is displayed on the different websites and in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial drawings, or any other signs susceptible to industrial and commercial use are subject to the intellectual and industrial property rights of TECHPUMP SOLUTIONS S.L. or third party owners who have duly authorized their inclusion on the different websites.

The web content, images, forms, opinions, indexes, and other formal expressions that are part of the webpages, as well as the software needed for their operation and visualization, also constitute a work in terms of Copyright and they are, therefore, protected by international agreements and national legislation applicable in the Intellectual Property field. Failure to comply with the above implies serious illegal acts, and the application of sanctions by civil and criminal laws.

Any act in which the services’ or content’s user may exploit or commercially use, directly or indirectly, entirely or partially, any of the website content, images, forms, indexes or other formal expressions that are part of the website without prior written permission from TECHPUMP SOLUTIONS S.L.. is forbidden.

Specifically, and without exhaustive character, it is forbidden: the acts of reproduction, distribution, exhibition, transmission, broadcasting, emission in any form, use of physical or logical storage (such as floppy disks, hard drives on computers), digitalization or accessing data bases different from the ones authorized by TECHPUMP SOLUTIONS S.L., as well as its translation, adaptation, arrangement or any other transformation of given opinions, images, forms, indexes and other formal expressions made available to the User through the services or contents, as long as these acts are subject to the applicable legislation on intellectual and industrial property and image protection.

TECHPUMP SOLUTIONS S.L. is free to limit access to web pages, to products and/or services offered on them, as well as to the subsequent publication of opinions, observations, images, or comments that users may send by e-mail.

TECHPUMP SOLUTIONS S.L., in this sense, may set up, if it considered necessary, without prejudice to the sole and exclusive responsibility of Users, the necessary filters in order to avoid the spreading of content or opinions through its web pages considered to be racist, xenophobic, discriminatory, pornographic, defamatory or, in any case, that encourage violence or the dissemination of clearly illicit or harmful content.

Those users who may send to TECHPUMP SOLUTIONS S.L.’s department of suggestions, any observations, opinions, comments, etc., through e-mail, unless they clearly and unmistakably express otherwise, and in case it is possible based on the nature of the services or content, it is understood that they authorize TECHPUMP SOLUTIONS S.L. the right of reproduction, distribution, exhibition, transmission, broadcasting, emission in any form, store data in physical or logical storages (such as, floppy disks or hard drives on computers), digitalization or accessing data bases belonging to TECHPUMP SOLUTIONS S.L.., as well as its translation, adaptation, arrangement or any other transformation of such observations, opinions or comments for all the time of copyright protection legally foreseen. Likewise, it is understood that this authorization is granted for free, and by the mere fact of sending by e-mail such observations, opinions or comments, users decline any remuneration claim from TECHPUMP SOLUTIONS S.L.

According to what was stated below, TECHPUMP SOLUTIONS S.L. is also authorized to proceed with modifications or alterations of such observations, opinions or comments, in order to adapt them to the needs of the website’s publishing format, yet without being understood as meaning there is any type of damage regarding moral faculties of Users’ Copyright on them.

It is forbidden any technical, logical or technological resources by which a third party can benefit, directly or indirectly, with or without profit, from all and every content, forms, indexes, and other formal expressions that are part of the website, or its efforts for operation. It is specifically forbidden all links, hyper-links, framing or similar links that could be established and directed to the TECHPUMP SOLUTIONS S.L. website, without explicit prior written consent from TECHPUMP SOLUTIONS S.L.. Any transgression to this point will be considered as damage to the legitimate rights of the intellectual Property of TECHPUMP SOLUTIONS S.L.. regarding its website and all of the content on it.

TECHPUMP SOLUTIONS S.L. does not hold any liability for consequences resulting from the behaviours and actions previously cited, as well as they assume no liability for the content, services, products, etc., of third parties which may be accessed directly or through banners, links, hyper-links, framing, or similar links on TECHPUMP SOLUTIONS S.L. website.

13. CONFLICT RESOLUTION

This legal notice will not be filed individually for each user but will remain accessible through the Internet on this website. It is accessible through each user’s particular remote desktop connection. Users with the status of consumers or users as defined by Spanish regulations who reside within the European Union, if they have had a problem with a purchase made to TECHPUMP SOLUTIONS S.L., in order to try to reach an out-of-court settlement, they can access the On-line Dispute Resolution Platform, created by the European Union and developed by the European Commission under the protection of Regulation (EU) 524/2013, as it is also stated in the "General Terms and Conditions of Contract" and/or "Use of the Website". Provided that the User is not a consumer or user, and when there is no rule that requires otherwise, the parties agree to submit to the Courts and Tribunals of Barcelona, this being the place where the contract was executed, expressly renouncing to any other jurisdiction that may correspond to them.

14. LEGISLATION 

This website is regulated by the Spanish Laws.

Legal Notice drawn by HONOS ABOGADOS S.L.P. for TECHPUMP SOLUTIONS S.L. in compliance with RGPD (General Data Protection Register) 679/2016 on personal data protection and the LSSI (Law for the Information Society Services), 34/2002, in addition to the legislation on intellectual property rights. The content of this legal note is registered in the Intellectual Property Safe Creative Register, with registration code 1602176603277. Reproduction in whole or in part of this document is prohibited.

Verstanden, Nachricht schließen

Although our website is not based in the United States, we respect the intellectual property rights of copyright holders, and thus have chosen to voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”).

This website (“SITE”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users.

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the SITE (preferably including specific url’s associated with the material);
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to:

 Copyright Agent
  6750 N. Andrews Ave., Suite 200
  Fort Lauderdale, FL 33309
  United States
  Fax: (800) 371-0235
  E-mail: dmca@servitubes.com
  

Please do not send other inquires or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Further information regarding notification and takedown requirements can be found in the DMCA, here: http://www.law.cornell.edu/uscode/text/17/512

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.

Take Down Procedure

The SITE implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The SITE reserves the right at any time to disable access to, or remove any material or activity accessible on or from any SITE or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the SITE to terminate the account of repeat copyright infringers, when appropriate, and the SITE will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the SITE shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

DMCA Counter-Notification Procedure

If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide Our Designated Copyright agent the following information:

1. a specific description of the material that was removed or disabled pursuant to the Notice;
2. a description of where the material was located within the SITE or the Content before such material was removed and/or disabled (preferably including specific url’s associated with the material);
3. a statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
4. the Recipient’s physical address, telephone number, and email address; and,
5. a statement 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, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.

Written notification containing the above information must be signed and sent to:

 Copyright Agent
  6750 N. Andrews Ave., Suite 200
  Fort Lauderdale, FL 33309
  United States
  Fax: (800) 371-0235
  E-mail: dmca@servitubes.com
  

Please do not send other inquires or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.

Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the SITE’s system or network.

Service Provider Customers or Subscribers

In the event that the alleged infringer identified in an intended DMCA Notice is, itself, operating as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the SITE requests that any such DMCA Notices relating to alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the DMCA Agent designated by the service provider instead of the SITE.

Modifications to Policy

The SITE reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes.

Customer Service Requests Please note that the DMCA Agent is not associated with the SITE in any other capacity, but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the SITE’s customer service department.

Verstanden, Nachricht schließen