We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Service any materials that violate another party's Intellectual Property Rights or that constitutes another Person's Proprietary Information. Any infringing materials posted by any User can be identified and removed pursuant to our Digital Millennium Copyright Act (the "DMCA") compliance process, provided herein, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. The address of our Designated Agent for copyright takedown notices ("Designated Agent") is:
DMCA Designated Agent
501 Calle de Leon
Santa Fe, NM 87505
Tel: 505- 231-8370
A. Reporting Copyright Infringements
If you believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding and verifying its existence.
Contact information about the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent, or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
The Notifying Party's physical or electronic signature.
After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above:
We shall disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Site.
We will then immediately notify the subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material.
We reserve the right, at our discretion, to immediately terminate the account of any User who is the subject of repeat takedown notices.
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.
This procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice or form an attorney-client relationship. It may be advisable for you to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
B. Challenging a Copyright Takedown
A User who believes they are the wrongful subject of a copyright takedown notice may file a counter-notification with us by providing the following items in writing to the Designated Agent at the address below:
The specific URLs of material that we have removed or to which we have disabled access.
Subscriber's name, address, telephone number, and email address.
A statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which Your address is located (or Bernalillo County, New Mexico if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
The User's signature.
Upon receipt of a counterclaim, we will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within 10 days, we may restore the material to the Service.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property Rights or who disclose Proprietary Information of others, whether or not there is any repeat infringement or disclosure.