Sickweather, Inc. (“Sickweather”) respects the copyrights of others and expects others to do the same. Accordingly, and pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”), Sickweather (also identified herein as “we” or “us”) has adopted the following policy. If you (with end users, claimants, or visitors identified herein as “You”) believe that any materials made accessible by Sickweather have been used or copied in a way that infringes your copyright, You may request removal of those materials from Sickweather by providing us with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or an exclusive right under the copyright law;Our Properties are not directed to children under the age of 13 and children under the age of 13 should not use any of our Properties. Sickweather also does not knowingly collect or maintain information collected online from children under the age of 13.
2. A description of the copyrighted work or other intellectual property that You claim has been infringed;
3. A description of where the material that You claim is infringing is located on Sickweather’s site or service (including the specific URL of each item in dispute, which should help us to quickly locate the relevant content);
4. Your address, telephone number, and email address;
5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or the owner of an exclusive right under the copyright law that is allegedly infringed or are authorized to act on such person or entity’s behalf.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. SICKWEATHER WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.
Notice And Takedown. If Sickweather receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. Sickweather will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as further described below. In addition, Sickweather may, at its discretion, deny access to its site by disablement and/or termination of accounts.
Designated Agent. Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email or by mailing to the mailing address below:
224 North Fair Oaks Ave.
Pasadena, CA 91103
Phone (443) 918-7425
Upon receipt of proper notification of claimed copyright infringement, Sickweather will follow the procedures outlined herein.
Copyright Counter-Notices. If content You posted on the site was removed due to a claim(s) of copyright infringement and You would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
1. To file a counter-notification with us, You must provide a written communication that sets forth the items specified below.
2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if You are not sure whether certain material infringes the copyrights of others, we suggest that You first contact an attorney.
Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):
1. Identify the specific URLs of material that Sickweather has removed or to which Sickweather has disabled access.
2. Provide your full name, address, telephone number, email address and, if You are a registered Sickweather user, the user name of your Sickweather account.
3. Provide a statement that You consent to the jurisdiction of the courts of the state of Maryland, and that You will accept service of process from the person who provided notification to Sickweather in accordance with the process outlined above or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.”
5. Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
224 North Fair Oaks Ave.
Pasadena, CA 91103
Phone (443) 918-7425
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting a counter-notification, You therefore consent to having such identifying information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification. If You reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between You and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country and/or the United States of America if You make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if You are not sure whether content You posted on the site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend You first contact a lawyer knowledgeable in the laws of the United States and the state of Maryland. If You do wish to file a counter-notice, You should follow the process set forth above under the heading “Elements of Counter-Notification.”