LifeWritr is an online service provider as defined in the Digital Millennium Copyright Act (DMCA). We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We do not monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. LifeWritr has a policy of upholding copyright law and the rights of both copyright holders and its users. If you are the copyright owner of content which appears on the LifeWritr website and you did not authorize the use of the content you must notify LifeWritr in writing in order for us to identify the allegedly infringing content and take action.
Where a valid DMCA Notice of Infringing Material (“notice”) is filed with us, our response to this may include removal of infringing material, disabling access to infringing material, and/or-should a user be the subject of repeated valid infringement notices or the circumstances make it appropriate-terminate the account and/or subscription of the infringing party. Whenever we take steps to remove content posted by or disable access to a person accused via a Notice of Infringing Material we will make a good-faith effort to promptly contact the owner of the account and or material. This is to allow the accused parties to file a counter-notice as necessary. The details of such a counter-notice are described below. We may maintain records of any and all notices and counter-notices. Any notice filed will also become a matter of public record. Copies of a notice may also be provided to third parties, LifeWritr does not control what these third parties do with your notice.
LifeWritr does not legally represent you in this process and the following are simply procedures as opposed to legal advice. LifeWritr recommends that, if necessary, you seek the assistance of a lawyer in pursuing a DMCA Notice of Infringing Material or Counter-Notice.
DMCA NOTICE PROCEDURES
If you believe that one of our users has posted materials which infringe a copyright you own, you may follow these procedures to notice us to this fact.
LifeWritr maintains a registered DMCA Copyright Agent in order to promptly handle Notices of Infringing Material and Counter-Notices. LifeWritr’s designated DMCA Copyright Agent to receive Notices of Infringing Material is:
The Law Offices of Lurie and Ferri
Email: partners@lflawoffices.com
Phone: 1 (415) 662-8983
This contact information should exclusively be used for DMCA notices and counter-notices. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid. A valid DMCA notice must conform to the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
- Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
- Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit LifeWritr to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.
- Information reasonably sufficient to allow LifeWritr to identify the complaining party. This may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability and money damages.
COUNTER-NOTICE PROCEDURES
If you are the user who posted content or engaged in activity which is the subject of a notice, and you believe the notice has been filed in error, filed in bad faith, or does not fulfill the requirements of a valid notice, you may respond via a counter-notice pursuant to the terms of sections 512(g)(2) and (3) of the DCMA. Where we receive a valid counter-notice, we will reinstate the material removed pursuant to the preceding DMCA notice within 14 business days if a lawsuit is not brought against the party bringing the counter-notice by the party which brought the original DMCA notice within that time.
A counter-notice should be sent to our DMCA registered agent. The contact information for this agent is provided above. A sample counter-notification may be composed using the PDF forms at lumendatabase.org.
A valid counter-notice must include:
- Your physical or electronic signature;
- Your name, address, and phone number;
- Identification of the material and its location before it was removed;
- A statement under penalty of perjury that the material was removed by mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or
- your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- Your consent to accept service of process from the party who submitted the takedown notice.
Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly makes false claims in a counter-notice may be liable under the DMCA.
TERMS OF SERVICE ISSUES
By using some of our services, you license other customers to copy works you have uploaded into specific sections of those services or sites. Please examine the posted agreements and terms of service in any situations where you and the alleged infringer are each a customer or subscriber to the same service, since you may have granted a license for some or all uses of your works at LifeWritr’s site.