Digital Millennium Copyright Act Take-down Policy
Kolena Corporation (“KOLENA,” also identified herein as “we” or “us”) respects the intellectual property rights of others and expects others to do the same. Accordingly, it is KOLENA’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”). If you (with end users, claimants, or visitors identified herein as “You”) believe that any materials made accessible by KOLENA have been used or copied in a way that infringes Your copyright, trademark, or other intellectual property rights, You may request removal of those materials from the KOLENA website or any other digital properties owned and operated by KOLENA (referred to collectively as the “Website”) by providing written notice to KOLENA’s designated agent as specified below along with the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description, in reasonable detail (including any applicable URL address), of the copyrighted work that You claim has been infringed;
- A description, in reasonable detail, of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by You, made under penalty of perjury, that the above information in Your written notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. KOLENA WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.
Notice And Takedown. If KOLENA receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. KOLENA will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as further described below. In addition, KOLENA may, at its discretion, deny access to its Website by disablement and/or termination of accounts.
Designated Agent. KOLENA’s designated copyright agent to receive DMCA notices is Kolena Corporation.
8465 W Sahara Avenue
Las Vegas, NV 89117
Upon receipt of proper notification of claimed infringement, KOLENA will follow the procedures outlined herein.
Copyright Counter-Notices. If KOLENA terminates or suspends Your access to or use of the Website, KOLENA will make a good-faith attempt (as warranted) to contact You so that You may make a counter notification pursuant to applicable laws. It is KOLENA’s policy to document all notices of alleged infringement upon which KOLENA decides to take action. If content You posted on the Website was removed due to a claim(s) of copyright or intellectual property infringement and You would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
- To file a counter-notification with us, You must provide a written communication that sets forth the items specified below.
- 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, including, but not limited to, attorney’s fees and costs. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if You are not sure whether certain material infringes the copyrights of others, we suggest that You first contact an attorney.
Elements of Counter-Notification. To expedite our ability to process Your counter-notification, please use the following format (including section numbers):
- Identify the specific URLs of material that KOLENA has removed or to which KOLENA has disabled access.
- Provide Your full name, address, telephone number, email address and, if You are a member or customer of KOLENA, your member or customer number.
- Provide a statement that You consent to the jurisdiction of the courts of the State Washington, and that You will accept service of process from the person who provided notification to KOLENA in accordance with the process outlined above or an agent of such person.
- 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 mis-identification of the material to be removed or disabled.”
- Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the designated copyright agent listed above.
After we receive Your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of Your identifying information set forth in the counter-notification. By submitting a counter-notification, You therefore consent to having such identifying information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material on the Website. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification. If You reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between You and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in Your country and/or the United States of America if You make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if You are not sure whether content You posted on the Website is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend You first contact a lawyer knowledgeable in the laws of the United States. If You do wish to file a counter-notice, You should follow the process set forth above under the heading “Elements of Counter-Notification.”