DMCA

1. Overview of DMCA

The Digital Millennium Copyright Act (DMCA) provides a mechanism for copyright owners to notify online service providers of infringing material on their websites. The DMCA also provides a counter-notification procedure for users who believe that material has been removed in error.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, you may notify our copyright agent as set forth below.

2. Filing a DMCA Notice of Copyright Infringement

If you are a copyright owner, or authorized to act on behalf of one, and you believe that content on our website infringes upon your copyright, you may submit a written notification pursuant to the DMCA by providing our Copyright Agent with the following information:

Required Information for DMCA Notice:

  1. Identification of the copyrighted work: A detailed description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
  2. Identification of the infringing material: A description of where the material that you claim is infringing is located on our website, with enough detail that we may find it (including URL(s) of the specific page(s) where the allegedly infringing content appears).
  3. Your contact information: Your address, telephone number, and email address so that we may contact you.
  4. Good faith statement: A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. Accuracy statement: A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. Physical or electronic signature: Your physical or electronic signature.

3. DMCA Notice Template

You may use the following template when submitting your DMCA notice:

4. How to Submit Your DMCA Notice

Please send your DMCA notice to our designated Copyright Agent at:

📧 Copyright Agent Contact Information:

Email: info@healthylivingremedies.blog

Subject Line: ”DMCA Takedown Notice”

Website: https://healthylivingremedies.blog/

5. Our Response to DMCA Notices

Upon receipt of a valid DMCA notice, we will take the following actions:

Step 1: Review

We will review your notice to ensure it meets all DMCA requirements listed above.

Step 2: Removal or Disable Access

If your notice is complete and valid, we will expeditiously remove or disable access to the allegedly infringing material.

Step 3: Notification

We will notify the user who posted the material that it has been removed or disabled.

Step 4: Documentation

We will document all DMCA notices and responses in accordance with our record-keeping obligations.

Typical Response Time: We aim to respond to valid DMCA notices within 24-48 hours of receipt.

6. DMCA Counter-Notification Procedure

If you believe that your content was removed or disabled by mistake or misidentification, you may file a counter-notification with us by providing our Copyright Agent with the following information:

Required Information for Counter-Notification:

  1. Identification of the material: Identification of the material that has been removed or disabled and the location where it appeared before removal.
  2. Good faith statement: 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.
  3. Your information: Your name, address, telephone number, and email address.
  4. Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you are outside of the United States, for any judicial district in which the service provider may be found), 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.
  5. Physical or electronic signature: Your physical or electronic signature.

Counter-Notice Template

7. Response to Counter-Notifications

Upon receipt of a valid counter-notification, we will:

  • Promptly provide the person who provided the original DMCA notice with a copy of the counter-notification
  • Inform that person that we will replace the removed material or cease disabling access to it in 10 business days
  • Replace the removed material or cease disabling access to it in 10 to 14 business days following receipt of the counter-notice, unless our Copyright Agent first receives notice from the person who submitted the original notification that they have filed an action seeking a court order to restrain the subscriber from engaging in infringing activity

8. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

🚨 What Constitutes a Repeat Infringer?

  • Users who have received multiple valid DMCA takedown notices
  • Users who repeatedly post infringing content after warnings
  • Users found to be willfully violating copyright laws

Consequences: Account termination, permanent ban from the website, and potential legal action.

9. Modifications to Allegedly Infringing Content

We reserve the right to modify or remove any content posted on our website that we, in our sole discretion, believe may infringe the copyright or other intellectual property rights of third parties, even if we have not received a formal DMCA notice.

10. No Obligation to Monitor

We have no obligation to monitor the content posted on our website or to detect infringement. However, we reserve the right to review any content and to remove or refuse to post any content that we believe, in our sole discretion, violates these terms.

11. User Responsibilities

By using our website, you agree that:

  • You will not post, upload, or share content that infringes on the copyrights of others
  • You have the legal right to post any content you submit to our website
  • You will respect the intellectual property rights of all copyright holders
  • You understand that posting infringing content may result in the removal of your content and/or termination of your access to the website

12. Fair Use Considerations

We acknowledge that the DMCA does not require service providers to remove material where use of that material would constitute fair use under copyright law. However, we cannot make legal determinations about fair use. If you believe your use of copyrighted material falls under fair use, you should clearly indicate this in any counter-notification and be prepared to defend your position if challenged.

📚 Fair Use Factors Include:

  • The purpose and character of the use (educational, commercial, transformative)
  • The nature of the copyrighted work
  • The amount and substantiality of the portion used
  • The effect of the use upon the potential market for the original work

Note: Fair use is a complex legal doctrine. If you’re unsure, consult with an attorney.

13. Limitation of Liability

We are not responsible for determining whether any use of copyrighted material constitutes fair use or whether it is otherwise lawful. We act only as an intermediary and will respond to valid DMCA notices as required by law. We are not liable for any damages arising from the removal or disabling of allegedly infringing content, nor are we liable for any damages arising from the restoration of content following a counter-notification.

14. International Users

This DMCA Policy is based on United States copyright law. If you are located outside the United States and believe your copyright has been infringed, you may still submit a DMCA notice, but please be aware that the DMCA is a U.S. law and may not apply to content hosted or users located in other countries. You may wish to seek legal advice regarding the applicable copyright laws in your jurisdiction.

15. Changes to This DMCA Policy

We reserve the right to modify this DMCA Policy at any time. Changes will be effective immediately upon posting to this page. Your continued use of the website after any changes constitutes your acceptance of the new DMCA Policy.

16. Additional Resources

For more information about the DMCA and copyright law, you may visit:

17. Contact Information

For all DMCA-related inquiries, notices, and counter-notifications, please contact our designated Copyright Agent:

Email: info@healthylivingremedies.blog

Website: https://healthylivingremedies.blog/

Subject Line: Please use ”DMCA Takedown Notice” or ”DMCA Counter-Notification” as appropriate

For general inquiries not related to copyright infringement, please use our standard contact channels.