DMCA NOTICE

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS.

  1. Respect of Third Party Rights. ANWD respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.

  2. Repeat Infringer Policy. ANWD’s intellectual property policy is to (a) remove or disable access to material that ANWD believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (b) remove any User Content you uploaded to the Service if you are a “repeat infringer” and terminate your right to use the Service. You are a “repeat infringer” if you are a User that has uploaded User Content or Feedback to or through the Service and for whom ANWD has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Content or Feedback. ANWD has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon ANWD’s own determination.

  3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by ANWD with the User alleged to have infringed a right you own or control or the general public, and you hereby consent to ANWD making such disclosure. Your communication must include substantially the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

    2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

    3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ANWD to locate the material;

    4. Information reasonably sufficient to permit ANWD to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

    5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer and/or see (a) 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement; (b) “fair use” under 17 U.S.C. § 101 et seq.

  4. Designated Agent Contact Information. ANWD’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:

    ANWD LLC

    Andrew Kern

    1401 21st St STE R

    Sacramento, CA 95811

    p 818.732.1512

  5. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [ANWD] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f). ANWD reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.