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Digital Millennium Copyright Act
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR
CHANGES IN THE LAW OR AT THE CONVENIENCE OF CASH LENDERS EXPRESS LLC, A DELAWARE
LIMITED LIABILITY COMPANY, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK
FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.
It is our policy to respond to notices of alleged infringement that comply with
the Digital Millennium Copyright Act and other applicable intellectual property
laws. Responses may include removing or disabling access to material claimed to
be the subject of infringing activity and/or terminating subscribers. 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 that Act. It is our policy to document all notices of alleged infringement on
which we act.
Please refer to the following detailed instructions which must be followed to
protect your rights under the Digital Millennium Copyright Act.
Infringement Notification
To file a notice of infringement with us, you must provide a written
communication (by fax or regular mail -- not by email, except by prior
agreement) that sets forth the items specified below. Please note that you may
be liable for damages (including costs and attorneys' fees) if you materially
misrepresent that a product or activity 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.
Your communication must include substantially all of the following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
2. Identify in sufficient detail the location of copyrighted work that
you believe has been infringed upon (for example, "The copyrighted work at issue
is the text that appears on http://www.newco.com/uglytext_page.html") or other
information sufficient to specify the copyrighted work being infringed. If
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
3. 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.
4. Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.
5. 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."
6. 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."
Counter Notification
The administrator of an affected site or the provider of affected content may
make a counter notification pursuant to sections 512(g)(2) and (3) of the
Digital Millennium Copyright Act. When we receive a counter notification, we may
reinstate the material in question.
To file a counter notification with us, you must provide a written communication
(by fax or regular mail -- not by email, except by prior agreement) that sets
forth the items specified below. 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 an attorney. To expedite our ability to process
your counter notification, please use the following format (including section
numbers):
Your communication must include substantially the following:
1 . A physical or electronic signature of the subscriber.
2. 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.
3. A statement under penalty of perjury that you have a good faith belief
that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number
5. The following statement: "I consent to the jurisdiction of Federal
District Court for the judicial district in which your address is located,
(or Wilmington, Delaware if your address is outside of the United States), and
that you will accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such person.
6. 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."
Account Termination
Cash Lenders Express, LLC, will, in appropriate circumstances, terminate repeat
infringers. If you believe that an account holder or subscriber is a repeat
infringer, please follow the instructions above to contact SWEB, LLC legal
counsel and DMCA agent and provide information sufficient for us to verify that
the account holder or subscriber is a repeat infringer.
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