Digital
Millenium Copyright Act
Notification
of Copyright Infringement
We respect
the intellectual property rights of others and expects our users to do the
same. In accordance with the Digital Millennium Copyright Act of 1998, the text
of which may be found on the U.S. Copyright Office website at
http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to
claims of copyright infringement committed using our service that are reported
to our Designated Copyright Agent identified in the sample notice below.
If you are
a copyright owner, or are authorized to act on behalf of one or authorized to
act under any exclusive right under copyright, please report alleged copyright
infringements taking place on or through the site and service (collectively the
"Service") by completing the following DMCA Notice of Alleged
Infringement and delivering it to our Designated Copyright Agent.
Upon
receipt of Notice as described below, our Designated Copyright Agent will take
whatever action, in its sole discretion, it deems appropriate, including
removal of the challenged use from the Service and/or termination of the user’s
account in appropriate circumstances.
DMCA Notice of Alleged Infringement
("Notice")
Identify
the copyrighted work that you claim has been infringed, or – if multiple
copyrighted works are covered by this Notice – you may provide a representative
list of the copyrighted works that you claim have been infringed.
Identify
the material or link you claim is infringing (or the subject of infringing
activity) and that access to which is to be disabled, including at a minimum,
if applicable, the URL of the link shown on the Service where such material may
be found.
Provide
your mailing address, telephone number, and, if available, email address.
Include
both of the following statements in the body of the Notice:
"I
hereby state that I have a good faith belief that the disputed use of the
copyrighted material is not authorized by the copyright owner, its agent, or
the law (e.g., as a fair use)."
"I
hereby state that the information in this Notice is accurate and, under penalty
of perjury, that I am the owner, or authorized to act on behalf of the owner,
of the copyright or of an exclusive right under the copyright that is allegedly
infringed."
Provide
your full legal name and your electronic or physical signature.
Deliver
this Notice, with all items completed, to our Designated Copyright Agent:
Copyright
Agent
c/o http://hotels-at-pattaya.blogspot.com/
a/n Toni Harianto
skye.operator@gmail.com
Counter
Notices
One who has
posted material that allegedly infringes a copyright may send our Designated
Copyright Agent a counter notice pursuant to Sections 512(g)(2) and 512(g)(3)
of the DMCA. When our Designated Copyright Agent receives a counter notice, it
may in its discretion reinstate the material in question in not less than 10
nor more than 14 days after it receives the counter notice unless it first
receive notice from the copyright claimant that they have filed a legal action
to restrain the allegedly infringing activity.
To provide
a counter notice to our Designated Copyright Agent, please return the following
form to the Designated Copyright Agent. Please note that if you provide a
counter notice, in accordance with the our Privacy Policy (located at the site)
and the terms of the DMCA, the counter notice will be given to the complaining
party.
COUNTER
NOTICE
Identification
of the material that has been removed or to which access has been disabled on
the service and the location at which the material appeared before it was
removed or access to it was disabled:
I hereby
state under penalty of perjury that I have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of
the material to be removed or disabled.
Your name,
address, telephone number and, if available, email address:
I hereby
state that I consent to the jurisdiction of the Federal District Court for the
judicial district in which my address is located or, if my address is outside
of the United States, for any judicial district in which we may be found, and I
will accept service of process from the complaining party who notified us of
the alleged infringement or an agent of such person.
Your
physical or electronic signature (full legal name): ___________________
The Counter
Notice should be delivered to our Designated Copyright Agent:
Copyright
Agent
c/o
http://hotels-at-pattaya.blogspot.com/
a/n Toni
Harianto
skye.operator@gmail.com
Notification
of Trademark Infringement
If you
believe that your trademark (the "Mark") is being used by a user in a
way that constitutes trademark infringement, please provide our Designated
Copyright Agent (specified above) with the following information:
Your
physical or electronic signature, or a physical or electronic signature of a
person authorized to act on your behalf;
Information
reasonably sufficient to permit it to contact you or your authorized agent,
including a name, address, telephone number and, if available, an email
address;
Identification
of the Mark(s) alleged to have been infringed, including
for
registered Marks, a copy of each relevant federal trademark registration
certificate or
for common
law or other Marks, evidence sufficient to establish your claimed rights in the
Mark, including the nature of your use of the Mark, and the time period and
geographic area in which the Mark has been used by you;
Information
reasonably sufficient to permit our Designated Copyright Agent to identify the
use being challenged;
A statement
that you have not authorized the challenged use, and that you have a good-faith
belief that the challenged use is not authorized by law; and
A statement
under penalty of perjury that all of the information in the notification is
accurate and that you are the Mark owner, or are authorized to act on behalf of
the Mark owner.
Upon
receipt of notice as described above, our Designated Copyright Agent will seek
to confirm the existence of the Mark on the Service, notify the registered user
who posted the content including the Mark, and take whatever action, in its
sole discretion, it deems appropriate, including temporary or permanent removal
of the Mark from the Service.
A
registered user may respond to notice of takedown by showing either (a) that the
Mark has been cancelled, or has expired or lapsed or (b) that the registered
user has a trademark registration, an unexpired license covering the use, or
some other relevant right to the Mark, or (c) that the use is for other reasons
shown by the registered user non-infringing. If the registered user makes an
appropriate showing of either (a), (b) or (c) then our Designated Copyright
Agent may exercise its discretion not to remove the Mark.
If our
Designated Copyright Agent decides to comply with a takedown request, it will
do so within a reasonably expeditious period of time. Notwithstanding the
foregoing, our Designated Copyright Agent will comply as appropriate with the
terms of any court order relating to alleged trademark infringement on the
Service.
Notification
of Other Intellectual Property ("IP") Infringement
If you
believe that some other IP right of yours is being infringed by a user, please
provide our Designated Copyright Agent (specified above) with the following
information:
Your
physical or electronic signature, or a physical or electronic signature of a
person authorized to act on your behalf;
Information
reasonably sufficient to permit our Designated Copyright Agent to contact you
or your authorized agent, including a name, address, telephone number and, if
available, an email address;
Identification
of the IP alleged to have been infringed, including (i) a complete description
or explanation of the nature of the IP, (ii) evidence that you own the IP in
the relevant jurisdiction, including copies of relevant patents, registrations,
certifications or other documentary evidence of your ownership, and (iii) a
showing sufficient for our Designated Copyright Agent to determine without
unreasonable effort that the IP has been infringed;
Information
reasonably sufficient to permit our Designated Copyright Agent to identify the
use being challenged;
A statement
that you have not authorized the challenged use, and that you have a good-faith
belief that the challenged use is not authorized by law; and
A statement
under penalty of perjury that all of the information in the notification is
accurate and, that you are the IP owner, or are authorized to act on behalf of
the IP owner.
Upon
receipt of notice as described above, our Designated Copyright Agent will seek
to confirm the existence of the IP on the Service, notify the registered user
who posted the content including the IP, and take whatever action, in its sole
discretion, it deems appropriate, including temporary or permanent removal of
the IP from the Service.
A
registered user may respond to notice of takedown by showing either (a) that
the claimant does not own the IP or (b) that the IP is not infringed. If the
registered user succeeds in showing either (a), (b) or (c) then our Designated
Copyright Agent may exercise its discretion not to remove the IP.
If our
Designated Copyright Agent decides to comply with a takedown request, it will
do so within a reasonably expeditious period of time.
We Have No
Obligation to Adjudicate IP Claims – User’s Agreement to Hold Us Harmless From
Claims
Claimants
and users must understand that we are not an intellectual property tribunal.
While we and our Designated Copyright Agent may in our discretion use the
information provided in order to decide how to respond to infringement claims,
we are not responsible for determining the merits of such claims. If a user
responds to a claim of infringement by providing assurances that its content is
not infringing, the user agrees that if we thereafter restore or maintain the
content, the user will defend and hold us harmless from any resulting claims of
infringement brought against us and our Designated Copyright Agent.
