DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
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Provider complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on the Site as it pertains to listing content, please contact the agent designated to respond to reports alleging copyright infringement.
Designated Agent:
The designated agent for Provider to receive notification of claimed infringement under Title II of the DMCA is:
Indiana Monument Company Administrator
Email: Info@indianamonumentcompany.com
Mailing Address:
701 Eastern Blvd.
Clarksville, IN 47129
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
2. A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that 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.
If a user provides a proper "counter-notice" claiming that the material does not infringe the intellectual property at issue, Provider will inform the notifying party of the individual's objection. If the property owner does not file for legal action with a court within 14 days, Provider will restore the material to its location on the site. [512(g)(2)(C)]
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Below is a list of the elements that comprise a proper DMCA counter notice:
1. Signature: The counter notice must include the subscriber’s signature. The signature can be in physical or electronic form.
2. IdentifytheAllegedInfringingActivityanditsLocationontheSite:Thecounter
notice must identify the alleged infringing activity that is the subject of the takedown request, and identify where the infringing activity was located on the site before it was removed.
3.Contact Information: The counter notice must contain the subscriber’s name, address and telephone number.
4. Good Faith Belief: The counter notice must include a statement that the subscriber has a good faith belief that the infringing activity was removed or disabled as a result of mistake or misidentification.
5. Consent to be Sued in Federal Court: The counter notice must include a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which his or her address is located and will accept service of process from the person who sent the DMCA takedown notice.