The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the "DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
Notification of Copyright Infringement
If you believe in good faith that any content or material made available in connection with the LionDesk Websites infringes your copyright, you (or your agent) may send us a notice of alleged copyright infringement (a “Takedown Notice”) requesting that the content or material be removed, or access to it blocked. Takedown Notices should be sent in writing to our Designated Copyright Agent at the contact information provided at the bottom of this Statement.
The DMCA requires that your Takedown Notice include the following information:
- a description of the copyrighted work that is the subject of claimed infringement;
- a description of the alleged infringing content and information sufficient to permit us to locate the content on the LionDesk Websites;
- contact information for you, including your name, address, telephone number, and e-mail address;
- the following statement: "I have a good faith belief that use of the copyrighted material described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- 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."
- a physical or electronic signature of the copyright owner or its agent.
Failure to include all of the above information may result in the delay of the processing of your complaint. Upon receipt of a Takedown Notice, we will remove the infringing content from the LionDesk Websites and contact the original poster of the content.
Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the DMCA provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. You should consult an attorney prior to submitting a Takedown Notice. Please be advised that, in appropriate circumstances, we reserve the right to terminate the accounts of users who repeatedly issue false Takedown Notices.
Counter Notification of Copyright Infringement
If we removed content you posted pursuant to a Takedown Notice and you believe the Takedown Notice was issued in error, you may issue a counter notification (“Counter Notice”) to our Designated Copyright Agent at the contact information listed at the bottom of this Statement. The Counter Notice must include:
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- your name, address, telephone number, and email address;
- a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or in San Diego, California, if your address is outside of the United States, and that you will accept service of process from the person who provided the Takedown Notice or their agent; and
- your signature.
After receiving a compliant Counter Notice, we will forward a copy of the Counter Notice to the issuer of the Takedown Notice and reinstate the removed content.
Please note that you may be liable for damages if you make a false claim. Section 512(f) of the DMCA provides that any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability. You should consult an attorney prior to submitting a Counter Notice. Please be advised that, in appropriate circumstances, we reserve the right to terminate the accounts of users who repeatedly issue false Counter Notices.
Designated Copyright Agent Contact Information
All Takedown Notices and Counter Notices should be sent to our Designated Copyright Agent at:
By Mail: Marinda Neumann
Lotus Law Center
3755 Avocado Blvd., #282
La Mesa, CA 91941
By Phone: 619.269.5996
By Email: email@example.com