If you are a copyright owner or an agent thereof and believe that any User Contribution or other content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail and the most current version of the Act):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works 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, and information reasonably sufficient to permit Spellbinders to locate the material;
- information reasonably sufficient to permit Spellbinders to contact you, such as an address, telephone number, and, if available, an electronic mail;
- a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Spellbinders’ designated Copyright Agent to receive notifications of claimed infringement is Spellbinders Paper Arts Co., LLC, Attention: Greg Tipsord, Copyright Agent, at email address[email protected] or [email protected]. For clarity, only DMCA notices should go to the Copyright Agent and noted as such; any other feedback, comments, requests for technical support, and other communications should be directed to Spellbinders’ customer service through https://www.spellbinderspaperarts.com/content/contact-us. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Contribution, you may send a counter-notice containing the following information to the Copyright Agent:
· your physical or electronic signature;
· identification of the User Contribution that has been removed or to which access has been disabled and the location at which the User Contribution appeared before it was removed or disabled;
· a statement that you have a good faith belief that the User Contribution was removed or disabled as a result of mistake or a misidentification of the User Contribution; and
· your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Spellbinders may send a copy of the counter-notice to the original complaining party informing that person that Spellbinders may replace the removed User Contribution or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the provider, member or user who posted the User Contribution, the removed User Contribution may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Spellbinders’ sole discretion.