Uldebate intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "take down" provisions, and to benefit from the safe harbors immunizing Uldebate from liability to the fullest extent of the law. Uldebate reserves the right to close the account of any user who infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.
Below are the processes and procedures that Uldebate will follow to resolve claims of intellectual property violations:
A) Notice for Claims of Intellectual Property Violations.
If you believe that your work has been copied that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Uldebate's Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant:) of the copyright or other intellectual property interest that has allegedly been infringed;
2. A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
3. A description of where the infringing material is located on the website
4. The name, address, email address and telephone number of the Complainant;
5. A statement by the Complainant that upon a good faith belief the disputed use of the material is not authorized by the copyright or intellectual property owner, its agent or the law; and
6. A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.
Uldebate's Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:
Upon Uldebate's receipt of a Notice for Claims of Intellectual Property Violations, Uldebate will take the following steps:
1. Remove or disable access to the material claiming to be infringing at the earliest possible time,
2. Notify the user responsible for posting the alleged infringement of copyright or other intellectual property rights that the material has been removed or access to it has been disabled; and
3. Provide the user with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.
4. Notify the Complainant once the access to the material has been removed or disabled.
B) Counter Notification Form.
If a user receives notice that a material posted on the website was removed or disabled and the user wishes to dispute the Notice for Claims of Intellectual Property Violations, the user must provide Uldebate's Copyright Agent with the following information:
An electronic or physical signature of the user;
A description of the copyrighted work or other intellectual property that has been removed or disabled and the location where the material appeared before removed or disabled;
A statement by the user, made under penalty of perjury, that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
The user’s name, address, telephone number and email address, and a statement that the user consents to the jurisdiction of Tel Aviv District Court for the judicial district in which the user's residence is located if in the Israel, or a similar court in the country of the user’s residence. The user must also provide a statement that they will accept service of process from the Complainant.
C) Uldebate's Response upon Receipt of a Counter Notification Form.
Upon Uldebate's receipt of a Counter Notification Form, Uldebate will take the following steps:
At the earliest possible time it will provide the Complainant with a copy of the Counter Notification Form;
At the earliest possible time it will inform the Complainant that the removed or disabled material will be replaced or re-enabled in not less than ten (10), but no more than fourteen (14), business days unless Uldebate's Copyright Agent first receives notice that the Complainant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the website; and
After the period in Section (D)(2) above has elapsed, replace or re-enable the disabled material unless a notice of action as defined in Section (D)(2) above has been received (unless the material is determined by Uldebate in its sole discretion to potentially infringe any intellectual property rights).
To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Uldebate, users who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the website and/or terminate the account of any user who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.