Whose Apple Empowerment Center LLC Copyright Statement with Infringement Removal instructions
Whose Apple Empowerment Center LLC dba Whose Apple Dynamic Coaching and Consulting Services, its brands and its subsidiaries, (heretofore referred to as Whose Apple Dynamic Coaching Services), the Digital Millennium Copyright Act (DMCA) and DMCA Takedowns the following statement with compliance details has been selected as Whose Apple Dynamic Coaching Services’ option for handling copyright or content ownership infringements. It does not constitute or replace Whose Apple Dynamic Coaching and Consulting Services’ Terms of Use, Terms of Service, Acceptable Use Agreement or any other terms referenced or published on this website. Below is an abridged version and is included for brevity and ease of finding specific action instructions related to processing Copyright Infringement (DMCA) Takedowns.
Whose Apple Empowerment Center LLC Services follows the process known as the DMCA Takedown as prescribed in US Copyright Law. Upon receipt of notice as prescribed below, we will remove, or request that a third party remove, Content from the Whose Apple Empowerment Center LLC Network, Host or website that infringes the copyright of others and, to the extent we are able to do so, we will disable access to our Service by anyone who repeatedly infringes the intellectual property rights of others.
Whose Apple Empowerment Center LLC processes claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 et. seq (the "DMCA"). The DMCA addresses the rights and obligations of owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet, as well as the rights and obligations of Internet Service Providers on whose servers infringing material may reside. However Whose Apple Empowerment Center LLC will also process claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 et. seq (the "DMCA") for owners of copyrighted material who believe their rights have been infringed in their jurisdiction, the jurisdiction of the infringing website owner. The application of US Copyright Law cannot apply legally outside jurisdictions of the USA but the process of conducting a takedown request will be the similar.
Upon receipt of written notification provided in the manner required by 17 U.S.C. § 512, or through the approved online application below, we will:
Act expeditiously to remove, or disable access to, the Content that is claimed to be infringing or to be the subject of infringing activity;
Forward the written notification to the alleged infringer; and
Take reasonable steps to promptly notify the Content provider that we have removed or disabled access to the allegedly infringing Content.
If you believe that your work has been copied, adapted, reproduced, or exhibited on this website in a way that constitutes copyright infringement, or if you believe that your work has been rebroadcast, redistributed, re-streamed, encoded or transcoded or otherwise reproduced in a way that violates your intellectual property rights, and you would like Whose Apple Empowerment Center LLC to remove the allegedly infringing Content from the Whose Apple Dynamic Coaching and Consulting Services website, host or network, you must provide written notice of the claimed infringing activity or complete the approved online application below. Your notice must include substantially the following information:
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition, and pages of a book from which an excerpt was copied, etc.);
A clear description of where the infringing material is located on the website and/or Whose Apple Empowerment Center LLC network, including as applicable its URL, so that we can locate the material;
Your name
Your address
Your telephone number
Your e-mail address
A statement 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING OUR DESIGNATED CONTACT OR AGENT THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Designation of Agent to Receive Notification of Claimed Infringement
Whose Apple Empowerment Center LLC’s designated agent to receive notification of claimed infringement is:
Whose Apple Empowerment Center LLC
http://www.whoseapple.org
Attn: Legal Department
2500 E. Beltline Avenue SE
Suite G-255
Grand Rapids, Michigan 49546-5987
Counter Notification
If you are a customer who has received notice from us that your stream has been shut down or material has been removed from your Web site following our receipt of a notice of claimed copyright infringement, and you are the owner of the allegedly infringing material or are otherwise authorized to use such material (including 'fair use'), you may provide written counter notification to our designated agent. Your counter-notification must include substantially the following information:
Your physical or electronic signature;
Identification of the allegedly infringing material, including the location at which the material appeared before it was removed or access to it was disabled;
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 miss identification;
- Your name
- Your address
- Your telephone number
- Your e-mail address;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, of any judicial district in which Whose Apple Empowerment Center LLC does business, and that you will accept service of process from the complaining party or its agent.
Upon receipt of written counter notification provided in the manner required by 17 U.S.C. § 512, we will:
Promptly provide the person who provided the notification with a copy of the counter-notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days; and
Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Customer from engaging in infringing activity relating to the material on Whose Apple Empowerment Center LLC's system or network.
Please note: We cannot and do not judge the merits of your claim (or counterclaim).
Accordingly, we will not remove, or disable access to, any allegedly infringing material, nor restore any material that has been so removed, except according to the procedure set forth herein.
Designation of Agent to Receive Notification of Counter Claim Notification
Whose Apple Empowrment Center LLC's designated agent to receive notification of Counterclaim Notification is:
Whose Apple E,empowerment Center LLC
https://www.whoseapple.org
Attn: Legal Department
2500 East Beltline Avenue SE
Suite G-255
Grand Rapids, Michigan 49546-5987
United States of America
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Whose Apple Empowerment Center LLC, its subsidiaries, and brands have adopted a policy of terminating, in appropriate circumstances and at Whose Apple Empowerment Center LLC and its brands’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Whose Apple Empowerment Center LLC and its brands may also, at its 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.
