We (Smartied.com) protect your rights to copyright material and intellectual property using the Digital Millennium Copyright Act (DMCA) 1998. We take your rights within this act extremely seriously and stress that you read through our DMCA policy carefully. If you believe you may have been subjected to any copyright infringement then please read through our procedure on how to report this and get in contact using the details at the bottom of this page.
Report A Copyright Infringement
If you believe that you have been subjected to copyright infringement then you are able to report this to our designated agent using the contact details below. In order for this complaint to be valid, however, you must be able to provide us with the following information:
- Please let us know which material you believe to be infringed.
- Please let us know whereabouts the allegedly infringed material can be found on the website.
- Please provide a signature (either digital or physical) of the person who is authorized to act on behalf of the intellectual property owner.
- Please provide all of the relevant contact details of the complainant, including physical address, email address and telephone number.
- You must please provide a statement to verify that the complainant believes that there is no authorization to use the allegedly infringed material from the intellectual property owner, their representative or the law, in good faith.
- Finally, you must please provide a statement verifying the accuracy of all of the information received within the complaint. This must include a statement to certify that the complainant has authorization to act on behalf of the intellectual property owner, under penalty of perjury.
Once our designated copyright agent has received the complaint, the next steps are as follows:
- The website will restrict all access or remove the allegedly infringed material
- The website will then inform the content provider, member, or user, upon the removal or restricted access to the allegedly infringed material
Counter-Notification of Copyright Infringement
In some cases a counter-notification of copyright infringement may be deemed valid, as long as the content provider, member, or user, can provide the following information in order to counter:
- Again, the material in question and the location of the allegedly infringed material on the website.
- A signature (either digital or physical) of the person who is authorized to act on behalf of the member, content provider or user.
- A statement to verify that they (the content provider, member, or user) believes that the removal or restriction of the material was due to misidentification and/or errors, in good faith.
- All of the contact details of the content provider, member or user, including physical address, email address and telephone number.
- A statement to verify that the content provider, member, or user, does not object to any jurisdictions of the court governing the area in which their address is located and that the service of process is accepted from the complainant.
In the rare event of a counter-notification a copy will also be sent to the complainant in order to inform them that the material may be replaced or restored within 10 to 14 business days. This is unless a court order action is undertaken by the complainant, against the content provider, member, or user.
Making a Copyright Infringement Complaint
If you believe that your work has been subject to copyright infringement then you need to submit all of the relevant information, as set out above within the relevant category, to our designated agent. The same applies if you wish to make a counter-notification of copyright infringement. The designated agent for Smartied.com can be contacted using the following details:
PLEASE NOTE: Any intentional misrepresentation of copyright infringement may lead to heavy civil penalties including, but not limited to:
- Monetary damages
- Attorney’s fees incurred by the company, the intellectual property owner, or the intellectual property owner’s licensee should injury have been suffered as a result of the intentional misrepresentation.
- Criminal prosecution for perjury