Copyright Infringement / DMCA

1. What to Include in a DMCA Notice

To help us evaluate and process a copyright infringement notification, your written notice should include the information required by the DMCA, including:

• Identification of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by the notice, you may provide a representative list of those works.
• Identification of the allegedly infringing material and information reasonably sufficient to allow us to locate it on the Website, such as the relevant URL, product page, page title, or other identifying information.
• Your contact information, including your name, mailing address, telephone number, and email address.
• A good-faith statement that you believe the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• An accuracy and authority statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• Your physical or electronic signature.

A notification that does not contain the information required by applicable law may not be sufficient to invoke the DMCA's notice-and-takedown procedures.

2. Where to Send a DMCA Notice

Please send copyright infringement notifications to:

Email: [email protected]

Subject: DMCA Notice

Please provide all information described above so that we can properly review your claim.

3. What Happens After We Receive a Notice

Upon receiving a notification that satisfies the applicable DMCA requirements, vCloud Choice Inc. may take appropriate action, which may include removing or disabling access to the material identified in the notification. Where appropriate, we may also notify the user or other party who provided or posted the material.

Submitting a DMCA notification does not guarantee that material will be removed. We may evaluate the notification for compliance with applicable law and may take other action as appropriate under the circumstances.

4. Counter-Notification

If you believe material was removed or access was disabled as a result of a mistake or misidentification, you may submit a DMCA counter-notification containing the information required by applicable law.

A valid counter-notification generally must include:

• Identification of the material that was removed or to which access was disabled, and the location where the material appeared before it was removed or access 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.
• Your name, address, and telephone number.
• A statement consenting to the jurisdiction of the applicable federal district court and agreeing to accept service of process from the person who submitted the original infringement notification or that person's agent.
• Your physical or electronic signature.

Counter-notifications should be sent to [email protected] with the subject line “DMCA Counter-Notification.”

If we receive a valid counter-notification, we may forward it to the party who submitted the original copyright infringement notification. We may restore the removed material or cease disabling access to it in accordance with the procedures and requirements of the DMCA, including where the original complaining party does not notify us within the applicable statutory period that it has filed an action seeking a court order to restrain the allegedly infringing activity.

5. Important Information

DMCA notifications and counter-notifications should be submitted only by individuals authorized to make the applicable representation.

Knowingly materially misrepresenting that material or activity is infringing may result in liability under applicable law, including the DMCA.

This page describes a copyright-infringement reporting process and does not constitute legal advice. vCloud Choice Inc. reserves the right to evaluate notices and counter-notifications in accordance with applicable law.