Digital Millenium Copyright Act Policy

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

This Digital Millennium Copyright Act Policy (this “Policy” or “DMCA Policy”) has been adopted by Capretto, LLC, a California limited liability company (dba elysewalker and also TOWNE by elysewalker) and its affiliates (collectively, the “Company”) and governs all its websites, including without limitation the Company’s website at https://www.elysewalker.com (the “Company’s Website”).

DMCA Notice and DMCA Takedown Procedure under this DMCA Policy

It is the Company’s policy to expeditiously respond to clear and proper notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”).  This DMCA Policy describes the information that should be present in these notices to the Company. It is designed to make submitting notices of alleged copyright infringement to the Company as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

 

The form of notice of alleged copyright infringement specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office website).

 

It is expected that all users of any part of the Company’s Website will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement pursuant to this DMCA Policy, our response to these notices will include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

 

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

 

Company’s DMCA Designated Agent

The Company’s Designated Agent to receive notification of alleged copyright infringement under the DMCA is as follows:

Capretto LLC

863 Swarthmore Avenue

Pacific Palisades, CA 90272

Attn: DMCA Department

Phone: 1-310-230-8882

Email: clientservices@elysewalker.com  

DMCA Infringement Notification

If you believe any material assessable on or from the Company Website infringes your copyrights, you may request removal of those materials (or access to them) from the Company’s Website by submitting written notification to the Company’s Designated Agent as set forth below. Your notice to the Company’s Designated Agent must be in writing and must contain the

following information:

  • The URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter).
  • 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 Company to locate the material;
  • Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • The following statement: "I 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";
  • The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

DMCA Counter Notification

The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA To file a counter notification with the Company, you must provide the Company's Registered Agent (listed above) the following information in a written communication (preferably via email):

  • 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 access to it was disabled;
  • Your name, address, email address, and telephone number;
  • The following statement: " I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or if I reside outside of the United States, for any judicial district in which the Company’s Website may be found) and that I will accept service from the person (or an agent of that person) who provided the Company’s Website with the complaint at issue.”
  • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  • Sign the document with your physical or electronic signature.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.

Upon receipt of a proper counter notification, the Company will provide the person who sent the original infringement notification with a copy of the counter notification, and inform that person that the Company’s Website will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice,  unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system, pursuant to Section 512(g)(2)(c) of the DMCA.

 

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, the Company will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures

In accordance with Section 512(i)(1)(b) of the DMCA, it is the Company's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that the Company determines are reasonable under the circumstances.