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IF YOUR COPYRIGHT IS INFRINGED: Sensible Systems, LLC asks you to respect its intellectual property and Sensible Systems, in turn, respects the intellectual property of others. Where appropriate, Sensible Systems, LLC may exercise its discretion and terminate access to Sensible Systems, LLC of any person who infringes its intellectual property rights or the intellectual property rights of others or who violates any of Sensible Systems' terms and conditions of usage.
NOTIFICATION OF COPYRIGHT INFRINGEMENT: If you believe that materials posted on Sensible Systems, LLC violate your copyright, please immediately provide Sensible Systems' Copyright Agent (see name and address below) with a written statement which contains all of the following information:
- The electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on Sensible Systems' site;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your statement is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
SENSIBLE SYSTEMS' COPYRIGHT AGENT: Sensible Systems' Copyright Agent is WebMaster, and can be reached as follows:
| By mail: |
9956 W. Remington Pl., Ste
A10
Littleton, CO 80128 |
| By phone: |
(720) 922-8288 |
| By fax: |
(720) 922-8288 |
| By email: |
webmaster@sensiblesystems.com |
PROCEDURE AFTER NOTIFICATION: After Sensible Systems' Copyright Agent receives a written notification of copyright infringement which substantially complies with the requirements listed above, Sensible Systems, LLC will take the following steps:
- Sensible Systems, LLC will disable access to or to remove the allegedly infringing material;
- Sensible Systems, LLC will take reasonable steps to promptly notify the person who wrote or posted the allegedly infringing material (the "alleged infringer") that it has removed or disabled access to the material.
- At the same time, Sensible Systems, LLC will inform the alleged infringer that he or she has the right to send a "counter notification" to Sensible Systems, LLC (see requirements below).
- Upon receipt of a counter notification, Sensible Systems, LLC will take reasonable steps to promptly send a copy of the counter notification to the person who provided the original notification (the "copyright owner").
- At the same time, Sensible Systems, LLC will inform the copyright owner that Sensible Systems, LLC will replace the material it removed or will cease disabling access to it in ten (10) business days.
- Sensible Systems, LLC will replace the material it removed or will cease disabling access to it in not less than ten (10) and in not more than fourteen (14) business days following receipt of the counter notification. It will do this unless its Copyright Agent receives the following from the copyright owner: Notice that the copyright owner has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Sensible Systems' system or network. Sensible Systems, LLC should not be listed as a party to the action; any lawsuit should solely be between the copyright owner and the alleged infringer.
COUNTER NOTIFICATION: To send a counter notification, the alleged infringer should provide Sensible Systems' Copyright Agent (see name and address above) with a written statement which contains all of the following information:
- The electronic or physical signature of the alleged infringer or a person authorized to act on his or her behalf.
- Identification of the material which Sensible Systems, LLC 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.
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disable as a result of mistake or misidentification of the material to be removed or disabled.
- The alleged infringer's name, address and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the Federal District Court for the judicial district in which the alleged infringer's address is located. If the alleged infringer's address is outside the United States, the alleged infringer must include a statement that he or she consents to jurisdiction of the Federal District Court for any judicial district in which Sensible Systems, LLC may be found. The alleged infringer's written statement must also state that he or she will accept service of process from the person who provided the original notification of copyright infringement or from that person's agent.
REQUIREMENT OF INDEMNIFICATION FOR DAMAGE: As a condition of your use of Sensible Systems' website, you warrant to Sensible Systems, LLC that you will not use its website for unlawful purposes, including but not limited to copyright infringement. You further warrant that you will not use Sensible Systems' website in ways which are prohibited by Sensible Systems' terms and conditions of usage. You further warrant that you will not use Sensible Systems' website in ways which could damage or disable the site or interfere with any other party's use and enjoyment of this site. As a condition of your use of Sensible Systems' website you agree to indemnify and hold Sensible Systems, LLC and its officers, agents and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Sensible Systems' website.
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