This Copyright Policy is incorporated by reference into Park Lawn Corporation’s Terms of Service. Any terms used in this policy but not defined herein are defined in Park Lawn Corporation’s Terms of Service. Park Lawn Corporation will investigate claims of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c )(2) (“DMCA”). If you believe that any content on the Services has infringed your copyright, you may submit a written notification of claimed copyright infringement to the following Designated Agent: Park Lawn Corporation 16801 Greenspoint Park Drive Suite #376 Houston, Texas 77060 Attn: Legal Department – DMCA Notice Email: [email protected] DMCA Notification To be effective, the notification must be written and include the following (please consult your legal counsel or see Section 512(c )(3) of the DMCA to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, providing URLs in the body of an email is the best way to help us locate content quickly;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
After removing material according to a valid DMCA notice, we will notify the individual responsible for the allegedly infringing material that we have removed or disabled access to the material. How to Make a Counter Notification If you are a registered user of our Services and you feel that material that you have placed online and that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) of the DMCA requires that, to be valid, the counter notification must be written and addressed to our Designated Agent (listed above) and must provide the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under or an agent of such person.
Our Designated Agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, we are allowed under the provisions of Section 512 to restore the removed material in not less than 10 or more than 14 days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration. If you do not comply with all of the requirements of this Copyright Policy, your DMCA notice or counter notification may not be valid. Only DMCA notices and counter notifications should go to our Designated Agent. If you send an email or notice to our Designated Agent without a proper subject line, or for purposes other than communication about copyright claims, we may not acknowledge or respond to your communication. Any other feedback, comments, requests for technical support, and other communications should be directed to [email protected]. It is our policy to terminate, under appropriate circumstances, any accounts of individuals who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any access by individuals for actual or apparent copyright infringement.
