1.Introduction
If you are a copyright owner, or are authorized to act on behalf of a copyright owner, and you believe that material accessible on or through vmdigitalconsulting.com (the "Site") infringes your copyright, you may submit a written notice of infringement (a "DMCA Notice") to our Designated Copyright Agent identified below. We will respond expeditiously to claims of copyright infringement that are properly submitted in accordance with this policy and applicable law.
2.Designated Copyright Agent
The Designated Copyright Agent of VM Digital Consulting LLC for receipt of DMCA Notices is:
DMCA Designated Agent
c/o VM Digital Consulting LLC 30 N Gould St, Ste N Sheridan, Wyoming 82801 United States
Email: legal@vmdigitalconsulting.com
Phone: (302) 377-7780
Please use this contact information solely for the purpose of submitting DMCA Notices and counter-notifications. Other inquiries will not receive a response at this address.
3.Filing a Notice of Infringement
To be effective under 17 U.S.C. § 512(c)(3), your DMCA Notice must be a written communication that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, together with information reasonably sufficient to permit us to locate the material (such as the URL where the material appears on the Site);
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
- 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; and
- 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.
DMCA Notices that do not substantially comply with the above requirements may not be effective and may be disregarded. Please consult your legal advisor before sending a DMCA Notice, or refer to 17 U.S.C. § 512(c)(3) for additional information.
4.Counter-Notification Procedure
If you believe that material you posted on or through the Site was removed or access to it was disabled by mistake or misidentification, you may submit a written counter-notification to our Designated Agent. To be effective under 17 U.S.C. § 512(g)(3), the counter-notification must include substantially the following:
- your physical or electronic signature;
- identification of 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;
- a statement under penalty of perjury that you 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; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the 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 we may be found, and that you will accept service of process from the person who provided the original DMCA Notice or an agent of such person.
Upon receipt of a counter-notification that substantially complies with the foregoing requirements, we will promptly provide the person who submitted the original DMCA Notice with a copy of the counter-notification and inform that person that we will replace the removed material or cease disabling access to it in 10 to 14 business days, unless we first receive notice from that person that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site.
5.Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i), we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the access of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the access of any user who infringes any intellectual-property right of others, whether or not there is any repeat infringement.
6.Misrepresentations
Please be advised that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
7.Modifications
We may modify this DMCA Notice & Takedown Policy from time to time. The "Last Updated" date at the top of this page indicates when this policy was most recently revised. The current designated agent on file with the United States Copyright Office controls in the event of any inconsistency.