Copyright & Intellectual Property Policy
Notification of Copyright Infringement:
Maxton Men respects the intellectual property
rights of others and expects its users to do the same.
It is Maxton Men’s
policy, in appropriate circumstances and at its discretion, to disable and/or
terminate the accounts of users who repeatedly infringe or are repeatedly
charged with infringing the copyrights or other intellectual property rights of
others.
In accordance with the Digital Millennium
Copyright Act of 1998, the text of which may be found on the U.S. Copyright
Office website at http://www.copyright.gov/legislation/dmca.pdf,
Maxton Men will respond expeditiously to claims of copyright infringement
committed using the Maxton Men website (the “Sites”)
that are reported to Maxton Men’s
Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized
to act on behalf of one, or authorized to act under any exclusive right under
copyright, please report alleged copyright infringements taking place on or
through the Sites by completing the following DMCA Notice of Alleged
Infringement and delivering it to Maxton Men’s Designated Copyright Agent. Upon receipt of the Notice as
described below, Maxton Men will take whatever action, in its sole discretion,
it deems appropriate, including removal of the challenged material from the
Sites.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or
- if multiple copyrighted works are covered by this Notice - you may provide a
representative list of the copyrighted works that you claim have been
infringed.
2. Identify the material that you claim is infringing (or to be the
subject of infringing activity) and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material, including at a minimum, if applicable, the URL of the link shown
on the Site(s) where such material may be found.
3. Provide your mailing address, telephone number,
and, if available, email address.
4. Include both of the following statements in the
body of the Notice:
o
“I
hereby state that I have a good faith belief that the disputed use of the
copyrighted material is not authorized by the copyright owner, its agent, or
the law (e.g., as a fair use).”
o
“I
hereby state that the information in this Notice is accurate and, under penalty
of perjury, that I am the owner, or authorized to act on behalf of the owner,
of the copyright or of an exclusive right under the copyright that is allegedly
infringed.”
5. Provide your full legal name and your
electronic or physical signature.
Deliver
this Notice, with all items completed, to Maxton Men’s Designated Copyright
Agent:
Copyright Agent
c/o Maxton Men
2333
Williams Street
Palo
Alto, CA 94306
team@maxtonmen.com
Counter Notices:
One who has posted material
that allegedly infringes a copyright may send Maxton Men a counter notice
pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Maxton Men receives a counter
notice, Maxton Men will reinstate the material in question in not less than 10 and not more
than 14 business days after Maxton Men receives the counter notice unless Maxton Men first receives notice from the copyright claimant that he/she
has filed a legal action to restrain
the allegedly infringing activity.
To provide a counter notice to Maxton Men, please return the following form to Maxton Men’s
Designated Copyright Agent. Please
note that if you provide a counter notice, in accordance with the Maxton Men
Privacy Policy located at maxtonmen.com/pages/privacy and the terms of the
DMCA, the counter notice will be given to the copyright
claimant.
Counter Notice
1. Identify 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.
2. Provide your mailing address, telephone number,
and, if available, email address.
3. Include both of the following statements in the
body of the Notice:
o
“I
hereby state under penalty of perjury that I 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.”
o
“I
hereby state that I consent to the jurisdiction of the Federal District Court
for the judicial district in which my address is located or, if my address is
outside of the United States, for any judicial district in which Maxton Men may
be found, and I will accept service of process from the complaining party who
notified Maxton Men of the alleged infringement or an agent of such person.”
4. Provide your full legal name and your
electronic or physical signature.
Deliver
this Notice, with all items completed, to Maxton Men’s Designated Copyright
Agent:
Copyright
Agent
c/o Maxton Men
[Insert Maxton Men Address, Email Address, Fax Number,
Telephone Number]
Notification of Trademark Infringement:
If you believe that your
trademark (the “Mark”) is being used on the Site by a user in a way that
constitutes trademark infringement, please provide Maxton Men’s Designated
Copyright Agent (specified above) with the following information:
1. Your full legal name and your
electronic or physical signature.
2. Information reasonably sufficient to permit Maxton
Men to contact you or your authorized agent, including a name, mailing address,
telephone number and, if available, an email address.
3. Identification of the Mark(s) alleged to have
been infringed, including (i) for registered Marks, a copy of each relevant
federal trademark registration certificate or (ii) for common law or other
Marks, evidence sufficient to establish your claimed rights in the Mark,
including the nature of your use of the Mark, and the time period and geographic
area in which the Mark has been used by you.
4. Information reasonably sufficient to permit Maxton
Men to identify the use being challenged.
5. Include both of the following statements in the body of the
Notice:
o
“I
hereby state that I have not authorized the challenged use, and I
have a good- faith belief that the challenged use is not authorized by
law.”
o
“I
hereby state under penalty of perjury that all of the information in the
notification is accurate and that I am the owner of the
Mark, or authorized to act on
behalf of the owner of the Mark.”
Upon receipt of notice as described above, Maxton
Men will seek to confirm the existence of the Mark on the Sites, notify the
registered user who posted the content including the Mark, and take whatever
action, in its sole discretion, it deems appropriate, including temporary or
permanent removal of the Mark from the Sites.
Notification of Other
Intellectual Property (“IP”) Infringement:
If you believe that some other IP right of yours
is being infringed by a user, please provide Maxton Men’s Designated Copyright
Agent (specified above) with the following information:
1. Your full legal name and your
electronic or physical signature.
2. Information reasonably sufficient to permit Maxton
Men to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email
address.
3. Identification of the IP alleged to have been
infringed, including (i) a complete description or explanation of the nature of
the IP, (ii) evidence that you own the IP in the relevant jurisdiction,
including copies of relevant patents, registrations, certifications or other
documentary evidence of your ownership, and (iii) a showing sufficient for Maxton
Men to determine without unreasonable effort that the IP has been infringed;.
4. Information reasonably sufficient to permit Maxton
Men to identify the use being challenged.
5. Include both of the following statements in the body of the
Notice:
o
“I
hereby state that I have not authorized the challenged use, and I
have a good- faith belief that the challenged use is not authorized by
law.”
o
“I
hereby state under penalty of perjury that all of the information in the
notification is accurate and that I am the owner of the
IP, or authorized to act on behalf
of the owner of the
IP.”
Upon receipt of notice as
described above, Maxton Men will seek to confirm the existence of the IP on the
Sites, notify the user who posted the content including the IP, and take
whatever action, in its sole discretion, it deems appropriate, including
temporary or permanent removal
