Copyright Infringement Claims

Zipscene respects the intellectual property of others, and we ask our users to do the same. Zipscene has no responsibility for content on other websites that you may find or access when using Zipscene’s products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States or other countries. The terms of use of those websites and not the Zipscene Terms of Use, govern your use of that material.

If you believe that any portion of the material contained on this site infringes your copyright, notify Zipscene of your claim in accordance with the following procedure. Zipscene will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).

Written Notification must be submitted to this site’s Designated Agent:

Sameer Mungur
TXTBUZZ, Inc. dba Zipscene
2118 Saint James Avenue, Suite 4
Cincinnati, OH 45206
Fax: 513-281-2899
Email: sameer.mungur@zipscene.com

 

To be effective, the Notification must be in writing and contain the following information:

  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. Identification of the copyrighted work claimed to have been infringed or, 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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider 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. A statement that the complaining party has 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. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information outlined above, Zipscene will:

  1. Remove or disable access to the material that is alleged to be infringing;
  2. Forward the written notification to such alleged infringer (“Member”);
  3. Take reasonable steps to promptly notify the Member that it has removed or disabled access to the material.

Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter Notification

A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:

  1. A physical or electronic signature of the Member;
  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 the Member has 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. The Member’s name, address, and telephone number, and a statement that the Member consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if the Member’s address is out of the United States, for any judicial district in which Zipscene may be found, and that the Member will accept service of process from the person who provided notification or the agent of such person.

Upon receipt of a Counter Notification containing the information outlined above, Zipscene will:

  1. Promptly provide the complaining party with a copy of the Counter Notification;
  2. Inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided Zipscene’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain Member from engaging in infringing activity relating to the material on Zipscene’s network or system.

Please note that under Section 512(f) of the Copyright Act, 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 subscribers who are repeat infringers.