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DMCA

Q and A

DMCA notice of copyright infringement

Introduction

This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for the reporting of alleged copyright infringement. It is our policy ("Uplea.com") to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Uplea.com are required to respect the legal protections provided by applicable copyright law.

Designated Agent

All claims of copyright infringement on or regarding this website should be delivered to Uplea.com's designated copyright agent by using the form below.Upon receipt of proper notification of claimed infringement, Uplea.com will follow the procedures outlined herein and in the DMCA.

Notice to Owners of Copyrighted Works.

The following elements must be included in your copyright infringement claim:
  • 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.
  • 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.
  • 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.

Notice and takedown procedure

Uplea.com will follow the procedures provided in the DCMA to properly enforce rights of copyright holders. When a Proper DMCA notification is received by Designated Agent, or when Uplea.com becomes otherwise aware that copyright rights are infringed, it will remove or disable access to infringing materials as soon as possible. You don't need to wait confirmation from us about this action.

Counter-notification

Uplea.com respects the legitimate interests of copyright owners as well as users. Users are afforded an opportunity to respond to claims of infringement and to obtaining timely restoration of removed material or the user’s access to the website in case of sufficient proof of legitimate use of the removed material. Users may respond to a copyright infringement claim by submitting a counter-notification. The counter-notification must contain the following information:
  • A statement that access to the user’s account or file was disabled due to operation of a notice and takedown procedure.
  • Information sufficient to identify the material that has been removed, including the account identification information and the URL address where the material could be located prior to removal.
  • A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • The users name and contact information, including address and telephone number.
  • A statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the user’s address is located, or if the user's address 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 take-down notification.
  • The user’s electronic or physical signature.
Counter-notification should be submitted to Uplea.com ’s DMCA Designated Agent within the form below. Uplea.com will respond to a valid counter-notification in no less than 10 and no more than 14 business days.

Repeat Infringer Termination Policy

Pursuant to the Terms of Use, users may not store, change, distribute, perform or display works of original authorship. Users are responsible for assuring that they have proper authorization to use copyrighted content. Upon receipt of a valid notice that a user’s account contains infringing material, Uplea.com will immediately disable all access to the material, including the user’s access. In addition, we will deactivate the sharing function for the account. We will notify the user via email of the actions taken by Uplea.com in response to the take-down notice and will inform him that one instance of violation has been put on record for that account under the "three-strike" rule of the Repeat Infringer Termination Policy. The user will be able to reactivate the file-sharing function only after he certifies through an electronic signature option on the Uplea.com website that he has removed all copyright infringing material from his account.

The fact, for anyone to present content or activity as illegal in order to obtain the withdrawal or to stop the spread, then she knows that inaccurate information is punishable a year in prison and 15,000 euros fine.