Search Engine Leaks blog intends to fully comply with the Digital Millennium Copyright Act (“DMCA”), including the notice and “take down” provisions, and to benefit from the safe harbors immunizing the Site from liability to the fullest extent of the law. Search Engine Leaks blog reserves the right to delete the contribution of any Contributor who infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner’s legal agent.
Included below are the processes and procedures that Search Engine Leaks blog will follow to resolve any claims of intellectual property violations:
A) Notice for Claims of Intellectual Property Violations.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send an email with the following information:
Search Engine Leaks blog Notice for Claims of Intellectual Property Violations can be reached as follows:
By E-Mail: firstname.lastname@example.org
B) Search Engine Leaks blog’s Response to Notice for Claims of Intellectual Property Violations.
Upon Search Engine Leaks blog’s receipt of a Notice for Claims of Intellectual Property Violations, Search Engine Leaks blog will take the following steps:
1. Promptly remove or disable access to the material or activity claiming to be infringing;
2. Notify the Contributor responsible for posting the alleged infringement of copyright or other intellectual property rights that the material or activity has been removed or access to it has been disabled; and
3. Provide the Member with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.
C) Counter Notification Form.
If a Contributor receives notice that a material or activity posted on the Site was removed or disabled and the Contributor wishes to dispute the Notice for Claims of Intellectual Property Violations, the Member must provide the following information:
1. Full Name;
2. A description of the copyrighted work or other intellectual property that has been removed or disabled and the location where the material appeared before removed or disabled;
3. A statement by the Contributor, made under penalty of perjury, that the Contributor has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. The Contributor must provide a statement that they will accept service of process from the Complainant.
D)Search Engine Leaks blog’s Response upon Receipt of a Counter Notification Form.
Upon Site’s receipt of a Counter Notification Form, Zippyshare will take the following steps:
1. Promptly provide the Complainant with a copy of the Counter Notification Form;
2. Promptly inform the Complainant that the removed or disabled material or activity will be replaced or re-enabled in not less than ten (10), but no more than fourteen (14), business days unless we receive notice that the Complainant has filed an action seeking a court order to restrain the Contributor from engaging in infringing activity relating to the material or activity on the Site; and
3. After the period in Section (D)(2) above has elapsed, replace or re-enable the disabled material unless a notice of action as defined in Section (D)(2) above has been received (unless the material is determined by Zippyshare in its sole discretion to potentially infringe any intellectual property rights).
To the extent the notices and “take down” requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Search Engine Leaks blog, Contributors who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.