{"id":411,"date":"2021-02-03T12:16:53","date_gmt":"2021-02-03T17:16:53","guid":{"rendered":"https:\/\/thrivepage.com\/?page_id=411"},"modified":"2021-02-03T13:09:56","modified_gmt":"2021-02-03T18:09:56","slug":"dmca","status":"publish","type":"page","link":"https:\/\/thrivepage.com\/dmca\/","title":{"rendered":"DMCA"},"content":{"rendered":"\t\t
If you believe that material available on our platform infringes on your copyright(s), please notify us by submitting a DMCA notice. After we receive a valid and complete notice, we will investigate, remove the material, and make a good faith attempt to contact the user who uploaded the material, via email.<\/span><\/p> ThrivePage.com is a publishing platform where publishers often use copyrighted materials in commentary or journalism, or transform the materials into something original. As such, before submitting a DMCA notice, it\u2019s important to consider whether the material used falls under fair use. If you are not sure whether material infringes on your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice. This document is not legal advice and shouldn’t be taken as such.<\/span><\/p> Please follow these steps to file a notice:<\/span><\/p> As required by the DMCA, we have a policy to terminate users and\/or sites that we consider to be repeat infringers. Although we won\u2019t share the specifics of our repeat infringer policy (we don\u2019t want anyone to game the system, after all), we believe that it strikes the right balance: it protects the rights of copyright owners and protects legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a content publisher.<\/span><\/p> You can send your complaint to our designated DMCA agent at: team@ThrivePage.com<\/span><\/p> You must include the following:<\/span><\/p> When a copyright holder (or someone acting on their behalf) submits a Digital Millennium Copyright Act (\u201cDMCA\u201d) takedown notice to us:<\/span><\/p> Publishers cannot, under any circumstances, republish the allegedly infringing content. Republishing content that was removed after receipt of a valid DMCA takedown notice could result in the publisher being permanently suspended from ThrivePage.com. If the counter notice procedure is followed, we\u2019ll restore the content at the appropriate time.<\/span><\/p> If you are a publisher on our platform and have received a Digital Millenium Copyright Act (DMCA) Infringement Notice that you believe was submitted in error, you may submit a counter notice. Counter notices must be submitted by the ThrivePage.com user who uploaded the material or an agent authorized to act on their behalf.<\/span><\/p> Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Thus, if you are not sure that the material was removed or disabled as a result of mistake or misidentification, you should first consider seeking legal advice.<\/span><\/p> Counter notices must be sent to our designated agent at: team@ThrivePage.com<\/span><\/p> And must include the following:<\/span><\/p> Digital Millennium Copyright Act (DMCA) Notice If you believe that material available on our platform infringes on your copyright(s), please notify us by submitting a…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/thrivepage.com\/wp-json\/wp\/v2\/pages\/411"}],"collection":[{"href":"https:\/\/thrivepage.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/thrivepage.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/thrivepage.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thrivepage.com\/wp-json\/wp\/v2\/comments?post=411"}],"version-history":[{"count":0,"href":"https:\/\/thrivepage.com\/wp-json\/wp\/v2\/pages\/411\/revisions"}],"wp:attachment":[{"href":"https:\/\/thrivepage.com\/wp-json\/wp\/v2\/media?parent=411"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}You may be liable for damages (including costs and attorneys\u2019 fees) if you materially misrepresent that material or activity infringes on your copyright.<\/b><\/h5>
Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties. In addition, you are required to consider the possible fair use implications, as a result of <\/b>Lenz v. Universal<\/b><\/a>. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.<\/b><\/h5>
Contact the content publisher directly. <\/b><\/h5>Go to the post in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the content publisher.<\/span><\/li>
Send your complaint to our designated agent –<\/b> if <\/span><\/span>the issue cannot be resolved directly with the content publisher<\/span>.<\/span><\/h5><\/li><\/ul>
What Happens Next<\/b><\/h3>
DMCA Counter Notice<\/b><\/h4>
Identify the content that was disabled and the location where it appeared.\u00a0 <\/i><\/b>The disabled content should have been identified by URL in the takedown notice. You simply need to copy the URL(s) to the web page with the content that you want to challenge, as well as the content type and location on that web page.<\/h5><\/li>
Include the following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Southern District of Florida, where ThrivePage is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person.”<\/i><\/b><\/h5><\/li>
Provide your contact information.\u00a0 <\/b>Include your email address, name, telephone number, and physical address.<\/h5><\/li>
Include 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.”\u00a0 <\/i><\/b>You may also choose to communicate the reasons why you believe there was a mistake or misidentification. If you think of your counter notice as a “note” to the complaining party, this is a chance to explain why they should not take the next step and file a lawsuit in response.<\/h5><\/li>
Include your physical or electronic signature.<\/b><\/h5><\/li><\/ul>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"