DMCA
INTELLECTUAL PROPERTY / COPYRIGHT INFRINGEMENT
a. Digital Millennium Copyright Act (DMCA) Procedures the360mag.com respects the copyrights of others and complies with Title 17 of the United States Code, Section 512. Our agent for submitting DMCA notices is Vaughn Lowery and can be reached by email, phone at (213) 841-1841, or by mail at the address below.
360 MAGAZINE
460 E FORDHAM RD 163
BRONX, NY 10458
If you believe that content on the360mag.com infringes your copyright (or a copyright owner for whom you act as an authorized agent), you may send a DMCA take-down notice to our DMCA agent. Your complete DMCA take-down notice must include all of the following:
1. your name, address, telephone number, and email address;
2. if you are not the copyright owner, the name of the copyright owner;
3. a description of the copyrighted work you claim has been infringed, with a link to the genuine copyrighted work if possible;
4. the URL where the claimed infringing content is located on the360mag.com, and if the URL links to more content than you are reporting, a complete description of the specific content you claim is infringing;
5. a statement that you have a good faith belief that posting of the reported content on the360mag.com is not authorized by the owner, its agent, or the law;
6. a statement by you that the above information is accurate;
7. a statement by you made under penalty of perjury that you are the copyright owner or you are an agent or legal counsel authorized to act on behalf of the copyright owner; and
8. your electronic or physical signature;
Upon receipt of your complete DMCA take-down notice, we will remove the allegedly infringing content and send a copy of your DMCA take-down notice to the person who posted it. That person will have an opportunity to send a DMCA counter-notice, as follows:
If your work (or work by someone for whom you act as an authorized agent) has been included in a DMCA take-down notice, and you believe that notice was the result of a mistake (for example, that you have authorization to post that content on the360mag.com) or misidentification, you may send a DMCA counter-notice to our agent listed above. Your complete DMCA counter-notice must include all of the following:
1. a description of the content that was removed, including the URL on which the content was located on the the360mag.com site (or a complete copy of the DMCA take-down notice that was sent to you);
2. your name, address, telephone number, and email address;
3. a statement by you that, under penalty of perjury, you have a good faith belief that your content was removed or disabled as a result of mistake or misidentification, and explain the basis of your belief;
4. your statement that you consent to the jurisdiction of the U.S. Federal District Court where you are located, or, if you are not located in the United States, to the jurisdiction of the Federal District Court, Northern District of California, United States, and that you will accept service of process from the person who submitted the DMCA take-down notice (or an agent of such person); and
5. your electronic or physical signature.
If we receive your DMCA counter-notice but your content does not comply with our Terms of Use and Privacy Policy, we may inform you that we are not be able to re-post your content. We may also request further information from you in order to determine whether your content should be re-posted on 360 Magazine.
In most cases we will forward your DMCA counter-notice directly to the person who filed the DMCA take-down notice (the “DMCA Complainant”), which will include your personal contact information. The DMCA Complainant may then decide to file a court action against you in the United States. If after 14 days the DMCA Complainant has not filed a lawsuit against you, you may contact us to request that we put back your content. If your content otherwise complies with our Website Terms of Use and Privacy Policy, we may return your content to the360mag.com.
b. Other Intellectual Property Infringements. The DMCA notices and procedures apply only to claims of copyright infringement. If you believe that content on the360mag.com infringes other forms of intellectual property, for example, your trademarks, service marks, trade secrets, software or patents, publicity or privacy rights as set forth in paragraph Terms of Use and Privacy Policy, please send a complete description of your rights, and the alleged infringement to our DMCA agent. We may request further information from you in order to evaluate your claim. the360mag.com will take action, if any, that we deem appropriate.
c. REPEAT INFRINGER POLICY. It is the360mag.com policy to disable and/or terminate accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
