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The following are policies and practices of Wcd Enterprises, Inc. (the "Company") pertaining to the use of certain words and names in
subscribing websites and the compliance by websites with United States intellectual property laws. Banned Words and Names The use of any of the following words, by themselves or in combination with other words or with any content depicting anything described by them, is strictly prohibited. This prohibited use includes, without limitation, naming a website and the description of its content, its URL and all content within the website or any links. The use of any registered trademark, trade name, copyright or exclusive publicity right, without proper authority or written consent of the owner, will not be permitted on any adultsightsTM site. Violation of this policy will, among other things, result in the removal of the violating site from adultsights's Links pages and the termination of any subscription on the part of the website to the adultsightsTM service. The foregoing is not exclusive of the consequences of any violation and is subject to change without notice. Names are added to the banned names list as a result of notice given to Wcd Enterprises, Inc. asserting a claim that the person named, or the person (or entity) to whom (which) an exclusive right of publicity has been assigned, has not authorized the use of the name. If a webmaster provides proof of authorization by faxing a copy of a valid license for the image, likeness and name, the name will be removed from the banned names list by strike through and a link to a scanned copy of the license will be placed next to the name. Click Here for the list of banned words Click Here for the list of banned names DMCA Policy We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Designated Copyright Agent with the following information:
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed. (iii) A description of where the material that you claim is infringing is located on the Services. (iv) Your address, telephone number, and email address. (v) 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. (vi) 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. Lawrence G. Walters, Esquire Weston, Garrou, DeWitt & Walters 781 Douglas Ave, Altamonte Springs, FL 32714 Phone: (407) 389-4529 Fax: (407) 774-6151 E-mail: Notice@DMCANotice.com Please do not send other inquires or information to our Designated Agent. Counter Notification An effective Counter Notification must be in writing (email, fax, or letter), directed to the Company's Designated Agent, and provide all of the following:
(ii) 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. (iii) A statement under penalty of perjury that the subscriber has 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. (iv) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the United States District Court for the judicial district in which the subscriber's address is located, or if the subscriber's address is outside of the United States, the United States District Court for any judicial district in which the Company may be found, and that the subscriber will accept service of process from the person who provided Notification or from an agent of such person. Notice and Take Down Procedures The Site implements the following “notice 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 Paragraph 19 and §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. The Site reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes. Repeat Offenders The participation of any website deemed to be a repeat offender will be terminated. Banned Websites Pending receipt of a Counter Notification, participation of the website subject to a Notification will be suspended. A website will be permanently prohibited from participating in the adultsights program upon receipt by the Company of a second Notification. If any webmaster changes a site ID or engages in any other conduct to circumvent these policies and the proper enforcement of them, the site will be denied participation in the adultsights program. These policies are effective as of August 21, 2002. Banned Webmaster If a webmaster, identified by either the webmaster's name, vendor ID or common ownership entity, has had three (3) websites which have been denied participation in the adultsights program in accordance with this policy, that webmaster will be denied participation and banned without further notice. The Company reserves the right to deny participation in its program of any webmaster or website in its discretion. |
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