|Copyright and Intellectual Property|
Kraftwurx has adopted the following general policy toward copyright and intellectual property infringement in accordance with the Digital Millennium Copyright Act ( http://lcweb.loc.gov/copyright/legislation/dmca.pdf ). Kraftwurx will respond to notices of this form from other jurisdictions as well. The address of Kraftwurx Designated Agent to Receive Notification of Claimed Infringement (Designated Agent) is listed at the end of this policy.
Kraftwurx will respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Kraftwurx removes or disables access in response to such a notice, Kraftwurx will make a good-faith attempt to contact the user so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you will be liable for damages (including costs and attorneys fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Kraftwurx.
If you believe that material residing on or accessible through the Kraftwurx web site or service infringes a copyright or other intellectual property right, you must send a written notice of the infringement to the Designated Agent listed below. The notice must include the following information:
1. A physical signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail, not by email, except by prior agreement);
2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent registration number);
3. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Kraftwurx is capable of finding and verifying its existence (for listings, please provide item numbers);
4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Kraftwurx on the owner's behalf, the address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, Kraftwurx will inform the Seller of the reason for the removal and may provide the Seller with a copy of the notice and the notifying party's contact information.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Kraftwurx policy:
1. To remove or disable access to the material infringing upon the intellectual property;
2. To notify the user that Kraftwurx has removed or disabled access to the material; and
3. That repeat offenders will have their infringing material removed from the system and that Kraftwurx will terminate such users access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you will be liable for damages (including costs and attorneys fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Kraftwurx.
If you believe that the material that was removed or to which access was disabled is either not infringing upon an intellectual property right, or you believe that you have the right to post and such material from the intellectual property owner, the intellectual property owner's agent, or pursuant to the law, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The notice must contain the following information to the Designated Agent listed below.
1. Your physical signature (by fax or regular mail not by email, except by prior agreement);
2. 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 disabled;
3. A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material;
4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the user address is located, or if your address is located outside the United States, for any judicial district in which Kraftwurx is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, Kraftwurx may send a copy of the counter-notice to the original complaining party informing that person that Kraftwurx may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Kraftwurx discretion.
Please contact Kraftwurx Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Attn: Intellectual Property Dept.16125 Cypress RosehillCypress, TX 77429