Non-Copyright Intellectual Property Notice & Takedown Policy and Procedures
Note: This Policy addresses intellectual property infringement not involving copyright violations. To submit a copyright infringement notice, please use Our DMCA Policy here: https://www.3dmodels.com/dmca
Intellectual property claims
We respect the intellectual property of others, and We anticipate that the sites We index do the same. As part of Our effort to assist in the protection of intellectual property rights, this website (“SITE”) voluntarily chooses to process takedown notification requests that are associated with violation of intellectual property rights such as trademark infringement, trade dress infringement and/or patent infringement. We therefore adopt the following Notice and Takedown Policies relating to claims of intellectual property infringement (not associated with copyright infringement) concerning content or materials linked to by the SITE:
Notice of Claimed Infringement
If you believe that your work has been infringed in a way that constitutes intellectual property infringement, please provide Us with the following information via a Notice of Claimed Infringement ("Notice"), so We can take appropriate action:
1) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property rights;
2) description of the intellectual property that you claim has been infringed:
4) your name, address, telephone number, and email address;
5) a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
The written Notice of Claimed Infringement containing the above information must be signed and sent to: support [at] floraict [dot] com
Take Down Procedure
The SITE implements the following “notification and takedown” procedure upon receipt of any notification of claimed intellectual property infringement. The SITE reserves the right at any time to disable access to any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. As an information location tool service provider, “disabling of access” to material identified in a Notice shall typically mean that We remove the link to the allegedly infringing content found on a third party’s website, along with any affiliated linking or referential materials. It is the firm policy of the SITE to terminate the account of repeat intellectual property infringers, when appropriate, and the SITE will act expeditiously to disable access to all material that infringes on another’s intellectual property.
If the Notice does not contain the appropriate information set forth above,, the SITE shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the Notice requirements. When We receive a (valid) Notice containing the appropriate information, the SITE will expeditiously disable access to the infringing material and shall attempt to notify the user responsible for providing the content. Then, the affected user may submit a counter-notification to Us containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of error, mistake or misidentification of the material. After We receive the counter-notification, We may decide to re-enable access to the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the We receive notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
Third Party Notification of Infringement: Given that the SITE merely links to third party websites, it may not be possible for the SITE to successfully locate and notify the specific third party user responsible for the allegedly infringing content. If the SITE is unable to notify the user apparently responsible for generating the content, the SITE may instead notify the responsible user care of the operator of the third party website, as the user’s agent. Alternately, if any such notices pertain to content for which the indexed site itself may be responsible, then the SITE may direct any notification and/or transmit the Notice in question to the operator of the indexed site. The SITE reserves the right to modify, alter or add to this Policy, and all users should regularly check this webpage to stay current on any such changes.
If the recipient of a Notice believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed, or access has been wrongly disabled, in accordance with the procedures outlined above, the recipient is permitted to submit a counter-notification. A counter-notification is the proper method for the recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a recipient provides in a counter-notification must be accurate and truthful, and the recipient will be liable for any misrepresentations which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide Us with the following information:
1) a specific description of the material that was removed or disabled pursuant to the Notice;
2) a description of where the material was located within the SITE before such material was removed and/or disabled (preferably including specific url’s associated with the material);
3) a statement reflecting the recipient's belief that the removal or disabling of access to the material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of error, mistake or misidentification of the material to be removed or disabled.”
4) the recipient’s name, physical address, telephone number, and email address; and,
5) an electronic or physical signature of the recipient.
Written notification containing the above information must be signed and sent to: support [at] floraict [dot] com
After receiving a counter-notification, We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing material. Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We may decide to cease disabling access to the disputed material provided that We have not received notice that the original claimant has filed an action seeking a court order to restrain the recipient from engaging in infringing activity relating to the material.
Modifications to Policy
The SITE reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes.
Nothing contained in this Notice and Takedown Policy shall be interpreted or deemed as a waiver of any right or legal protection enjoyed by the SITE. Further, nothing contained herein shall constitute waiver of any personal jurisdiction objections, or consent to the application of any specific jurisdiction’s law or legal process to the SITE’s operation.
This document prepared by Walters Law Group, www.FirstAmendment.com (©2019). All rights reserved.