DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

Selling the Couch, LLC (“STC”) respects the intellectual property of others and expects that those who access or use STC’s website located at https://www.sellingthecouch.com (the “Website”) will respect STC’s intellectual property rights and the intellectual property rights of third parties.

STC will promptly remove materials from the Website in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, if properly notified that the materials infringe a third party’s copyright. In addition, STC may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

FILING A DMCA CLAIM – NOTICE OF INFRINGEMENT

A copyright owner or its agent may submit a takedown notice to STC if s/he thinks that there has been a copyright infringement of his/her work.

Pursuant to §512(c)(3) of the DMCA, please provide STC’s DMCA Agent with a written notice that contains at a minimum the following information:

  • Contact information for the owner alleging the copyright infringement (“Copyright Owner”) or the person authorized to act on behalf of such owner (“Authorized Agent”)
    • Name, address, telephone number, and, if available, an email address;
  • Physical or electronic signature of the Copyright Owner or the Authorized Agent;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing that should be removed and information or a description that is reasonably sufficient to permit the service provider to locate the material on the Website (e.g., the URL for the page where the alleged copyrighted work is located);
  • Statement that you have a good faith belief that the use of the material is not authorized by the Copyright Owner, its agent, or the law; and
  • Statement under penalty of perjury that the information in the notice is accurate and that you are the Copyright Owner or the Authorized Agent.

Please submit this information to STC’s DMCA Agent via:

  • Email: dmcaagent@sellingthecouch.com
  • Mail: DMCA Agent, 10871 Bustleton Avenue, #219, Philadelphia, PA 19116

FILING A DMCA COUNTER-NOTIFICATION TO RESTORE REMOVED CONTENT

If you received a notice that your material is being taken down from the Website because of a copyright infringement claim and you believe that your material has been removed by mistake or misidentification, please provide STC with a written counter-notification containing the following information:

  1. Your name, address, telephone number, and, if available, an email address;
  2. Identification or a description of the material that was removed or to which access has been disabled and the location on the Website (e.g., the URL) where the material previously appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material to be removed or disabled was removed or disabled as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States for any judicial district in which the service provider may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
  5. Your electronic or physical signature.

Please submit this information to STC’s DMCA Agent via:

  • Email: dmcaagent@sellingthecouch.com
  • Mail: DMCA Agent, 10871 Bustleton Avenue, #219, Philadelphia, PA 19116

Please be advised that STC will send any complete counter-notifications STC receives to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If STC does not receive notice that a lawsuit has been filed within ten (10) business days after STC provides notice of your counter-notification to the person who submitted the original DMCA notice, STC will then restore the removed materials. STC will provide a copy of the original DMCA takedown notice upon request.

Repeat Infringer Policy


Pursuant to the DMCA requirements on repeat infringers, STC maintains a list of DMCA notices that its DMCA Agent has received. STC will make a good faith effort to identify any repeat infringers and will terminate the user account of any repeat infringers. If a user’s materials are removed due to a DMCA notice, but then subsequently restored due to the filing of a DMCA counter-notification for which no notice of lawsuit has been received, STC will consider the underlying DMCA notice as withdrawn.

Compliance with DMCA Policy


If you plan to file a DMCA notice or counter-notification, please ensure that you comply with all of the requirements in this DMCA policy. STC may contact you to obtain additional information necessary to make sure that your DMCA notice or counter-notification complies with this DMCA policy and the DMCA. Please provide the additional information promptly. Please be advised that your DMCA notice or counter-notification may not be processed if you have not complied with all of the above requirements.

Misrepresentations

Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification may be subject to damages, including costs and attorneys’ fees.

Communications with Third Parties

STC may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including users who posted the allegedly infringing material.

Modifications

STC may modify this DMCA Policy from time to time. Please refer back to this page for the latest information.

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