Digital Millennium Copyright Act (DMCA)
DMCA Notice & Takedown Policy and Procedures
CHARMLUX VIP Tech, LLC (“Company”) respects the intellectual property rights of copyright holders, and we comply with the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA). This Site qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the DMCA. Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following notice and takedown policy relating to claims of copyright infringement by our clients, subscribers or users.
Notification of Claimed Infringement
If you believe that your intellectual property rights have been copied and published by Company or by a third party who has uploaded materials to our website in a way that constitutes copyright infringement, please provide our designated copyright agent listed below with the following information:
- 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.
- 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 us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that you have 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 by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive DMCA Notices is:
CHARMLUX VIP Tech, LLC
Attn: Copyright Agent
12 Sahalee Dr
Las Vegas, NV – 89148
United States
Email: contact@charmluxviptech.com
Further information regarding notification and takedown requirements can be found in the DMCA, here: https://www.law.cornell.edu/uscode/text/17/512
Abuse Notification
Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA notice or counter-notification, can result in legal liability for damages, court costs and attorney’s fees under federal law.
Repeat Copyright Infringers
It is our policy to terminate the account of repeat copyright infringers, when appropriate, and the site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA.
Take Down Procedure
The site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. The site’s DMCA notice procedures are set forth in the preceding paragraph. If the Notice does not comply with §512 of the DMCA but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the designated agent receives a valid notice, the site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the designated agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the designated agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the designated agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
Counter-Notification Procedure
If the recipient of a notice of claimed infringement believes that the notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) & (3) of the DMCA. A counter-notification is the proper method for the recipient to dispute the removal or disabling of material pursuant to a notice. The information that a recipient provides in a counter-notification must be accurate and truthful, and the recipient will be liable for any misrepresentations which may cause any claims to be brought against the site relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide our designated copyright agent the following information:
- Identify the material that was removed or disabled, and the location where it appeared before it was removed or disabled.
- A statement by you declaring under penalty of perjury that you have a good faith belief that the material at issue was either misidentified or mistakenly removed.
- Your name, address and telephone number.
- A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the complaint set forth above (if you are located outside of the United States, you must state that you consent to the jurisdiction of any United States federal district court in which we may be found).
- Your physical or electronic signature
Please be aware that false statements in your written counter-notice may lead to civil or criminal penalties.
Our designated Copyright Agent to receive Counter Notices is:
CHARMLUX VIP Tech, LLC
Attn: Copyright Agent
12 Sahalee Dr
Las Vegas, NV – 89148
United States
Email: contact@charmluxviptech.com
All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.
After receiving a DMCA-compliant counter-notification, our designated copyright agent will forward it to us, and we will then provide the counter-notification to the claimant who first sent the original notice identifying the allegedly infringing content.
Thereafter, within ten to fourteen (10-14) days of our receipt of a counter-notification, we will replace or cease disabling access to the disputed material provided that we or our designated copyright agent have not received notice that the original claimant has filed an action seeking a court order to restrain the recipient from engaging in infringing activity relating to the material on the site’s system or network.
If you have any questions regarding this process, we would be happy to further discuss with you.