(Last updated December 15, 2008)
YOU SHALL NOT USE THE SITE OR ITS SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. In accordance with the Digital Millennium Copyright Act (DMCA), Zoom Creative has adopted and implemented a policy, stated below, that provides for: 1) the termination in appropriate circumstances of Members who infringe or are believed to be infringing the rights of copyright holders, 2) the removal of content that we believe in good faith to be copyrighted material that has been illegally copied and distributed, and 3) allow for submitters of challenged material to make a counter-notice to the Designated Copyright Agent of Zoom Creative.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide Zoom Creative’s Copyright Agent listed below with the following information required under 17 U.S.C. 512:
Upon receipt of notice as described above, Zoom Creative will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination or suspension of the Member’s account.
We have a policy of terminating the accounts of repeat infringers. A repeat infringer shall include any Member who has made multiple submissions of Member Submitted Content for which we receive a notice of claimed infringement under this Copyright and Intellectual Property Policy. Each Member agrees that, if his/her account is terminated pursuant to this Copyright and Intellectual Property Policy, the Member will not attempt to establish a new account under any name, real or assumed, and further agrees that if the Member violates this restriction by opening a new account after being terminated pursuant to this Copyright and Intellectual Property Policy, the Member will indemnify and hold us harmless for any and all liability that we may incur.
If the Member believes that the material that was removed or to which access was disabled is either: 1) not infringing, or 2) the Member believes that it has the right to post and use such material from the copyright owner or the copyright owner’s agent, the Member must send a counter-notification containing the following information to the Designated Copyright Agent listed below:
If a counter-notice is received by the Designated Copyright Agent, Zoom Creative may send a copy of the counter-notice to the party originally claiming infringement informing that person that Zoom Creative may replace the removed material or cease disabling it in 10-14 business days. Unless the copyright owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10-14 business days after receipt of the counter-notice, at Zoom Creative’s full discretion.
Designated Copyright Agent for Making a Counter-Notice: