Copyright and Digital Millennium Copyright Act Requirements
What is Infinium’s DMCA policy?
Infinium is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is Infinium's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Infinium, in its sole discretion, believes is infringing these rights. Infinium may terminate the Service at any time with or without notice for any affected customer or user.
How do copyright owners report alleged infringements to Infinium?
Copyright owners may report alleged infringements of their works that are stored on the Service or the Optional Web Features by sending Infinium’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Infinium’s receipt of a satisfactory notice of claimed infringement for these works, Infinium will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or any personal web features hosted by Infinium; or (ii) disable access to the work(s). Infinium will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send Infinium a notification of claimed infringement to report alleged infringements of their works to:
P.O. Box 2178
Victoria, Texas 77902
5502 US Highway 59
Victoria, Texas 77902
Phone: (361) 582-5550
FAX: (361) 573-5753
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Infinium, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
What can customers do if they receive a notification of alleged infringement?
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Infinium. Upon Infinium’s receipt of a counter notification that satisfies the requirements of DMCA, Infinium will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Infinium will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Infinium’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.