Digital Millennium Copyright Act
The Digital Millennium Copyright Act (“DMCA”) allows users to notify us in the event they believe any Content on the Site violates their intellectual property rights. It is our intent to comply with DMCA. Pursuant to this law, we can take advantage of certain protections in the event we unintentionally violate a 3rd party’s intellectual property rights by removing the offending Content and/or otherwise following the procedures outline in DMCA. If you believe this has occurred, you may want to consider contacting an attorney to better understand your rights and obligations under DMCA. That said, the law requires that we set forth the basic steps for you to notify us of a copyright infringement claim. If you believe that your work was posted on our Site in a way that constitutes copyright infringement, please contact our designated agent at the address below:
Kum & Go, L.C.
Attn: Legal Department/DMCA Agent
6400 Westown Parkway
Fax: (515) 457-0128
Your notification must include the following information:
1. A description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
2. A description of where the material that you claim is infringing is located on our Site;
3. Information reasonably sufficient to permit Kum & Go to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
4. A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Upon receipt of the valid written notification containing the information as outlined above, Kum & Go will investigate and may: (i) remove or disable access to the material that is alleged to be infringing; (ii) if applicable, forward the written notification to such alleged infringer; (iii) take reasonable steps to promptly notify the infringer that it has removed or disabled access to the material, all in accordance with the requirements of DMCA.
This procedure is intended to protect those that seek to enforce their rights in good faith. However, please note that, under the DMCA, anyone who makes misrepresentations relating to an infringement claim may be liable for damages, including attorneys’ fees, incurred by Kum & Go (or the alleged infringing party) which result from the misrepresentation.
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