DMCA Notice & Takedown Policy (Video)

DMCA Notice & Takedown Policy

Tom3 Inc runs www.tom3.com (“Tom3”) and meets the definition of a “Service Provider” under 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). As a result, it is afforded specific protections from allegations of copyright infringement under the DMCA, often known as the “safe harbor” provisions. We honor the intellectual property rights of others, and we request our users to do likewise. Consequently, we acknowledge and adhere to the DMCA, and have implemented the subsequent DMCA Notice and Takedown Policy regarding allegations of copyright violation by our users

How to Submit a Notice of Claimed Infringement

If you believe that your work has been copied and published on Tom3 in a way that infringes on your copyrights, please provide us with the following information:

An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright;

A description of the copyrighted work that you claim has been infringed; or if multiple works, a representative list of such works;

A description of the location of the material that you claim is infringing is located on Tom3 (preferably including specific URLs associated with the material);

The address, telephone number, and email address of the copyright owner or the authorized agent;

A statement by the person sending the notice has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

For convenience, the following language may be used:

“Under penalty or perjury, I attest that the information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the rights being infringed by the material(s) listed above.”

You may send your notice of claimed infringement(s) (“DMCA Notice”) to:

Tom3 Inc

152 North Durbin Street, Suite 308

Casper, WY 82601

Email: legal@tom3.com

Please do not send other inquiries or information along with that. Absent prior express permission, our DMCA team is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Further information regarding notification and takedown requirements can be found in the DMCA, here: https://www.law.cornell.edu/uscode/text/17/512

Abuse Notification

Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or counter-notification, can result in legal liability for damages, court costs, and attorneys’ fees under federal law. See 17 U.S.C. § 512(f). These DMCA Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and/or their agents – not to any other kind of abuse, infringement, or legal claim. We will investigate and take action against anyone abusing the DMCA Notice and Takedown Procedures or counter-notification procedure. Please ensure that you meet all legal qualifications before submitting a DMCA Notice.

How We Respond to Take Down Notices

The following DMCA Notice and Takedown Procedures apply upon receipt of any proper notification of claimed copyright infringement. Tom3 reserves the right at any time to disable access to or remove any material or activity accessible on Tom3 that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances. .

If the Notice does not comply with § 512 of the DMCA but does comply with three notification elements according to § 512 of the DMCA, Tom3 shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements.

When we receive a valid DMCA Notice, Tom3 will remove and/or disable access to the infringing material and shall notify the affected user.

Then, the affected user may submit a counter-notification.

How to Submit a Counter-Notification

If a user is affected by a removal due to a DMCA Notice and believes that the allegedly infringing material has been removed as a result of mistake or misidentification, the user is permitted to submit a counter-notification pursuant to § 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for a user to dispute the removal or disabling of material pursuant to a DMCA Notice. The information that a user provides in a counter-notification must be accurate and truthful, and the user will be liable for any misrepresentations which may cause any claims to be brought against Tom3 relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide the following information:

A physical or electronic signature of the user;

A specific description of the material that was removed or disabled pursuant to the DMCA Notice;

A description of where the material was located on Tom3 before such material was removed and/or disabled (preferably including specific URLs associated with the material);

A statement reflecting the user’s belief that the removal or disabling of the material was done erroneously. For convenience, the following language 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 mistake or misidentification of the material to be removed or disabled.”

The user’s physical address, telephone number, and email address; and,

A statement that the user consents to the jurisdiction of the federal district court in and for the judicial district where the user is located, or if the user is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided the DMCA Notice, or that person’s agent.

Written counter-notification containing the above information must be sent to:

Tom3 Inc

152 North Durbin Street, Suite 308

Casper, WY 82601

Phone: (800) 925-0690

Email: legal@tom3.com

After receiving a DMCA counter-notification, our DMCA team will forward it to Tom3, and Tom3 will then provide any counter-notification to the claimant who first sent the original DMCA Notice identifying the allegedly infringing content.

Thereafter, within sixty business days of our receipt of a counter-notification, we will replace or 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 user from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

Tom3 engages in a good faith effort to identify customers or account holders who may be engaging in repeated copyright infringement according to the procedure set forth in 17 U.S. C. § 512 of the DMCA.

Any user that engages in repeat infringement shall be subject to having any and all accounts known to belong to the repeat infringer terminated and all content uploaded by the user deleted.

Modifications

Tom3 retains the authority to change, amend, or expand this policy, and all impacted individuals should frequently review it to remain updated on any modifications.

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