Copyright Safe Harbor Clause

Copyright Safe Harbor Clause (17 U.S. Code § 512) –Limitations on Liability Relating to Material Online

Under 17 U.S. Code § 512 (the “Code”), subsection(b), we shall not be liable for monetary relief, or, except as provided under subsection (j) of the Code, for injunctive or other equitable relief for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for Shop Style Shark LLC in a case in which:

 

  1. the material is made available online by a person other than the us;
  2. the material is transmitted from the person described in subparagraph (A) through the system or network to a person other than the person described in subparagraph (A) at the direction of that other person; and
  3. the storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A)

 

[17 U.S. Code § 512 (c)] Nor shall we shall be liable for monetary relief or, except as provided in subsection (j) of the Code, for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider

 

       (1) (A)

(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

Any complaints regarding copyright and/or infringement must be in writing to Dionne Middlebrooks - 447 Broadway 2nd Fl #387, New York, NY. You may reach Dionne Middlebrooks at info@shopstyleshark.com as well. Under 17 U.S. Code § 512(c)(3)(A), effective forms of notification include substantially 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. 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 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. 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

Under 17 U.S. Code § 512(c)(3)(B)(i)(ii), failure to substantially comply with the aforementioned forms of notification from a copyright owner or from a person authorized to act on behalf of the copyright owner shall not be considered under 17 U.S. Code § 512 (c)(1)(A) in determining whether we have actual knowledge or awareness of facts or circumstances from which infringing activity is apparent.

In a case in which the notification that is provided to the our designated agent fails to comply substantially with all the provisions of subparagraph (A) but substantially complies with clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this subparagraph applies only if the service provider promptly attempts to contact the person making the notification or takes other reasonable steps to assist in the receipt of notification that substantially complies with all the provisions of subparagraph (A).