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DMCA Complaints

DMCA Complaints

DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed. For example, “The copyrighted work at issue is the text that appears on www.healthymixer.com/example.”
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit a HealthyMixer representative to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit a HealthyMixer representative to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
  5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Sign the paper.

Send the written communication to HealthyMixer, PO BOX 4166, Redondo Beach, CA 90277.

COUNTER NOTIFICATION

The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

  1. Identify the specific URLs of material that healthymixer.com has removed or to which healthymixer.com has disabled access.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  4. Sign the paper.

Send the written communication to HealthyMixer, PO BOX 4166, Redondo Beach, CA 90277.

TRADEMARK COMPLIANCE

As a provider of space for advertisements, please note that healthymixer.com is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the ad text that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.

If you are a trademark owner (or represent a trademark owner) and have an objection to an advertiser’s use of your trademark in ad text that is consistent with the foregoing, please provide the following information in a signed letter on company stationary:

  1. Name of Company
  2. Contact information (including email address)
  3. List of trademark(s) at issue and the country/countries in which it is registered
  4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad)
  5. The content in the advertisement that concerns you.
  6. If your site has an affiliate program, are affiliates permitted to use the trademark in the advertisement’s content?
  7. Include the following statement: “I have a good faith belief that use of the trademarks described above with the advertisements described above is not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
  8. Include the following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
  9. Your signature.

Please send this written communication with the above information to HealthyMixer, PO BOX 4166, Redondo Beach, CA 90277.

Please Note: The foregoing procedure applies only to the use of trademarks in advertisements, which are clearly marked as advertisement on our pages. We do not take action on objections to the use of trademarks in site to which we link. For any such objections, please contact the site owner directly.