Gimbl DMCA Policy
We comply with the Digital Millennium Copyright Act of 1998, as amended (the “DMCA”) at all times and maintain a repeat offender policy which may result in the termination, where appropriate, of your right to use this Service if you violate such policy. If you believe that your work has been copied, posted, or otherwise made available through the Service in a way that constitutes copyright infringement, please notify our DMCA Agent of your complaint, as set forth in the DMCA. Please consult with the DMCA to confirm these requirements.
You must provide our DMCA Agent with the following information in writing, to the extent required by the DMCA:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on the Site are covered by a single complaint, a representative list of the allegedly infringed works on the Site);
Identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
A written statement by you that you have 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; and
A statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please be aware that the foregoing information in your notice and complaint may be forwarded to the person who provided the allegedly infringing material. The foregoing information must be submitted to our DMCA Agent as follows:
Bryn & Associates, P.A.
One Biscayne Tower, Suite 2680
2 South Biscayne Boulevard
Miami, Florida 33131
Fax: (305) 372-8068
Please do not send any other inquiries or information to our DMCA Agent.
Notification and Take Down Procedures. Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Site and a notice will be sent to the person responsible for uploading the subject content (the “Uploader”). The Uploader will then have the opportunity to submit a counter-notification, more fully detailed below, in compliance with the DMCA. Upon receipt of a counter-notification, a copy of the counter-notification will be sent to the original party claiming infringement.
In the event that a non-DMCA compliant notice is received, we reserve the right, in our sole discretion to remove the content and inform the responsible Uploader; further, we reserve the right, but do not undertake the obligation to, communicate with the original complainant any response received from the responsible Uploader. We have and observe a repeat offender policy and will terminate the Account of anyone using the Services who violates such policy, where appropriate.
DMCA Counter-Notification Procedure. Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible Uploader of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the Uploader believes that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, the Uploader shall have the opportunity to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA. The information that an Uploader provides in a counter-notification must be accurate and truthful, and the Uploader will be liable for any misrepresentations that may cause any claims to be brought against us relating to the reported content. To submit a counter-notification, please provide our DMCA Agent the following information:
A specific description of the material that was removed or disabled pursuant to the DMCA notice;
A description of where the material was located within the Site before such material was removed and/or disabled (please provide the specific URL, if possible); and
A statement reflecting the Uploader’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good-faith belief that the referenced material was removed or disabled by the Site as a result of mistake or misidentification of the material to be removed or disabled.”
The Uploader’s name, address, and telephone number, and a statement that the Uploader consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Uploader’s address is outside of the United States, for the U.S. District Court for the Southern District of Florida (being the judicial district where the Site is found), and that the Uploader will accept service of process from the person who provided who submitted the DMCA notice or an agent of such person.
Written notification containing the above information must be signed and sent to our DMCA Agent as set forth above.
After receiving a DMCA compliant counter-notification, our DMCA Agent will forward it to us, and we will then provide the counter-notification to the original party claiming infringement. Within 10-14 days of our receipt of the counter-notification, we may replace or cease disabling access to the disputed material provided that our DMCA Agent has not received notice from the original party claiming infringement that such party has filed a legal action pertaining to the disputed material.