Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.).
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on our website or mobile application (collectively, the "Service") infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. This notice must include:
In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.
In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
Direct Axess, LLC
Attention: Legal Department
1217 E Cape Coral Pkwy
Suite #94
Cape Coral, FL 33991
Email: DMCA@DirectAxess.com
If you give notice of copyright infringement by email, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counternotification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.
Take-Down Procedure. Upon receipt and verification of notice of infringement, Direct Axess LLC will remove the infringing materials, at its sole discretion. To the extent possible, Direct Axess LLC will notify the infringing party in writing after removal. Advance notice of removal is generally not possible. Termination for Repeat Infringement. Direct Axess LLC reserves the right to terminate access, for any or all of our Software and Services, to any Party, if that Party is found to be repeatedly infringing copyrights.
Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.