Copyright Infringement and DMCA Policy

Gively.com ("Provider") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Provider will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Gively's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

Provider may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Provider removes or disables access in response to such a notice, Provider will make a good-faith attempt to contact the allegedly infringing Vendor so that they may make a counter notification.

  1. Procedure for Reporting Copyright or Intellectual Property Infringements. If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Provider.

    If you believe that material residing on or accessible through the Website or Service infringes a copyright or other intellectual property right, to provide Provider of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must be a Proper Bona Fide Infringement Notification, including the following information:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
    • Identification in sufficient detail of the material being infringed upon;
    • Identification of the material that you are alleging infringes upon your intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Provider is capable of finding and verifying its existence;
    • Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Provider on the owner's behalf, the address, telephone number and, if available, e-mail address;
    • A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
    • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

    When removing material from the site, Provider will make reasonable attempts to inform the Vendor of the removal, the reason for the removal, and may provide the Vendor with a copy of the notice and the notifying party's contact information.
  2. Removal of Allegedly Infringing Material. Once Proper Bona Fide Infringement Notification is received by the Designated Agent, Provider may remove or disable access to the material infringing upon the intellectual property. If Provider removes or disables access to Content in response to an infringement notice, Provider will make reasonable attempts to notify the Vendor that Provider has removed or disabled access to the Content. Repeat offenders will have all Content removed from the system and Provider will terminate such Vendors' access to the Service. Repeat offenders are considered in breach of this Agreement. As such, Provider bears no obligation to provide a refund of any fees paid prior to termination of the Vendor's Account.
  3. Procedure to Supply a Copyright Counter-Notice to the Designated Agent. If you materially misrepresent that Content is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether or not the Content infringes on the intellectual property, please contact an attorney before contacting Provider.

    If a Vendor believes that its removed or disabled Content is not infringing upon a copyright or other intellectual property, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do replace or reactivate the Content yourself. The counter-notice must contain the following information and be addressed to the Designated Agent listed below.
    • Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
    • Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or disabled;
    • A statement, under penalty of perjury, that the you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content;
    • Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Vendor's address is located, or if your address is located outside the United States, for any judicial district in which Provider is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

    If a counter-notice is received by the Designated Agent, Provider may send a copy of the counter-notice to the original complaining party informing that person that Provider may replace the removed Content or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Vendor, the removed Content may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Provider's sole discretion.

    Please contact Provider's Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:

    Designated Agent to Receive Notification of Claimed Infringement:

    Webster Park Digital LLC
    Attn: Legal Department
    4107 Landhigh Lakes Dr Powell, OH 43065 USA
    Fax: 281-660-5966
    E-mail: legal@gively.com