Copyright Policy

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the iPromote site or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.

A. Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is accessible on the iPromote site or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

  1. Provide a physical or electronic signature of the copyright owner, or of a person authorized to act on behalf of the copyright owner, who is allegedly infringed.
  2. Identify in sufficient detail the copyrighted work or intellectual property that you claim is infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mysite.com/page1.htm." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
  3. Identify the material posted on iPromote.com that you claim is infringing on your copyright. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The material at the following URL is infringing on my copyright: http://www.ipromote.com/page1.htm."
  4. Include 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.
  5. Include a statement by you that the information contained in your notification is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
  6. Include information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address at which you may be contacted.

You may send your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:

iPromote Designated Copyright Agent
iPromote.com
Division of 2KDirect, Inc
P.O. Box 13005
San Luis Obispo, CA 93406
Phone: 805.597.5025
Fax: 805.597.5026
E-Mail: copyright@ipromote.com

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false claim constitutes perjury.

Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

For more copyright information, please visit our Copyright FAQ page.

B. Counter Notification

If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
  3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
  4. Your name, address and telephone number.
  5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  6. Your physical or electronic signature.

You may send your Counter Notification to our Designated Agent by fax, mail, or E-Mail as set forth below:

iPromote Designated Copyright Agent
iPromote.com
Division of 2KDirect, Inc
P.O. Box 13005
San Luis Obispo, CA 93406
Phone: 805.597.5025
Fax: 805.597.5026
E-Mail: copyright@ipromote.com

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false claim constitutes perjury.

If you send us a valid, written Counter Notification meeting the requirements described above, we will provide the party who filed the original Notification of Alleged Copyright Infringement with a copy of the Counter Notification and inform the party that the removed material will be restored after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party who filed the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

For more copyright information, please visit our Copyright FAQ page.

C. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.