DMCA

 

User Submissions & Digital Millennium Copyright Act (“DMCA”):

  • The Completely Offensively Website may now or in the future permit the submission of content, audio, video, cartoons, or other information submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or commenting on such User Submissions.

  • You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, or permissions to use and authorize Completely Offensively LLC, and its successors, licensees, and assigns (or any of the foregoing), to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, as between Completely Offensively LLC and you, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Completely Offensively LLC, you hereby grant Completely Offensively LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Completely Offensive Website and Completely Offensively LLC’s (and its successors’, licensees’, and assigns’) business, including without limitation for promoting and redistributing part or all of the Completely Offensively Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Completely Offensively Website a non-exclusive license to access your User Submissions through the Website, and to use, comment on, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

  • In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including patent, trademark, privacy and publicity rights, unless you are the owner of such rights, have permission from their rightful owner or otherwise have the legal right to post the material and to grant Completely Offensively LLC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Completely Offensively or any third party; (iii) post advertisements or solicitations of business; or (v) impersonate another person.  Completely Offensively LLC does not endorse any User Submissions, including comments, or any opinion, recommendation, or advice expressed therein, and Completely Offensively LLC expressly disclaims any and all liability in connection with User Submissions.

  • DMCA TAKEDOWN NOTICES: Given the volume and nature of User Submissions and Memes in general, Completely Offensively, LLC cannot review each submission to ensure compliance with United States and global copyright laws. It is the policy of Completely Offensively, LLC to respond to notices of alleged copyright infringement in compliance with the DMCA. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission, content posted by Completely Offensively LLC, or other content infringes upon your copyrights, 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):

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    3. 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 Completely Offensively LLC to locate the material;

    4. Information reasonably sufficient to permit Completely Offensively LLC to contact you, such as an address, telephone number, and, if available, an electronic mail;

    5. 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

    6. 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.

  • The United States Copyright Office provides basic information, online, at http://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

  • Completely Offensively LLC's designated Copyright Agent to receive notifications of claimed infringement is: Bradley J. Martineau, Esq., Completely Offensively LLC, 111 Greenview Drive, Indiana, Pennsylvania, USA 15701, email: bjmartineau@gmail.com.  For clarity, only DMCA notices should go to the Copyright Agent.  Any other feedback, comments, requests for technical support, or other communications should be directed to Completely Offensively LLC's customer service through completelyoffensively@gmail.com.

  • You acknowledge that if you fail to comply with all of the takedown notice requirements of this Section, your DMCA notice may not be valid. Upon proper service of a takedown notification as contemplated hereunder and in accordance with the DMCA. PLEASE NOTE THAT, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE PENALTIES MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY COMPLETELY OFFENSIVELY, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED BY A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.

  • COUNTER-NOTIFICATION: RESTORATION OF MATERIAL. Completely Offensively LLC will immediately remove any infringing content.  If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

    1. Your physical or electronic signature;

    2. Your name, address, and phone number;

    3. Identification of the material and its location before it was removed;

    4. A statement under penalty of perjury that the material was removed by mistake or misidentification;

    5. 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

    6. Your consent to accept service of process from the party who submitted the takedown notice.

  • Completely Offensively LLC will terminate a User’s access to the Website if such User is determined to be a repeat violator of these Terms of Use. Completely Offensively LLC also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use.  Completely Offensively LLC may remove such User Submissions and/or terminate a User’s access for material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

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a Pennsylvania Limited Liability Company

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