DMCA Policy

Pink House Technologies, Inc. dba SiteVibes.com (“SiteVibes.com”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 USC § 512(c)(3), SiteVibes.com will respond expeditiously to claims of copyright infringement committed using the SiteVibes.com service and/or any SiteVibes.com website (the “Site”) if such claims are reported to SiteVibes.com’s Designated Copyright Agent identified below.

DMCA NOTICE OF ALLEGED INFRINGEMENT (“Notice”)

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to SiteVibes.com’s DMCA Designated Agent. Upon receipt of Notice as described below, SiteVibes.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• 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.
• 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 Company to locate the material.
• Information reasonably sufficient to permit the Company 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.
• 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.
• 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.

Deliver this Notice, with all items completed, to SiteVibes.com’s DMCA Designated Agent:

DMCA Designated Agent
SiteVibes.com
800 Roosevelt Rd. Ste. A360
Glen Ellyn, IL  60137
[email protected]

DMCA COUNTER-NOTICE OF ALLEGED INFRINGEMENT

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder’s agent, or pursuant to law, to post and use the material in your content, you may send a Counter-Notice containing the following information to SiteVibes.com’s DMCA Designated Agent:

• Your physical or electronic signature;
• Identification of the content that was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a Counter-Notice is received by the DMCA Designated Agent, SiteVibes.com may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against SiteVibes.com or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

SITEVIBES.COM POLICY REGARDING REPEAT INFRINGERS

SiteVibes.com does not condone or tolerate copyright infringement or any violation of the intellectual property rights of SiteVibes.com or of others. SiteVibes.com reserves the right to terminate the access and/or use privileges of any person who has been determined to be a ‘repeat infringer’ of the copyrights of SiteVibes.com or others. SiteVibes.com reserves the right to define the criteria by which SiteVibes.com will determine that a person is a ‘repeat infringer.’ In the event that repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, SiteVibes.com will adopt that definition as a minimum standard. Without limiting SiteVibes.com’s right to define ‘repeat infringer,’ as a general rule, SiteVibes.com will define a ‘repeat infringer’ as any person or entity about whom SiteVibes.com has received two or more DMCA Notices of Alleged Infringement. SiteVibes.com will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.

REGARDLESS OF WHETHER SITEVIBES.COM TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, SITEVIBES.COM IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL SITEVIBES.COM INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY SITEVIBES.COM WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.