Dancehalldatabase.com Digital Millennium Copyright Act ("DMCA") Policy
This policy is intended to implement the procedures set forth in 17
U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for
the reporting of alleged copyright infringement. It is the policy of
Dancehalldatabase.com (the "Company") to respect the legitimate rights of
copyright owners, their agents, and representatives. Users of any part of
the Company computing system are required to respect the legal protections
provided by applicable copyright law.
Designated Agent
The Company's Designated Agent to receive notification of alleged
infringement under the DMCA is:
Up on receipt of proper notification of claimed infringement, Company will
follow the procedures outlined in this policy and in the DMCA.
Complaint Notice Procedures for Copyright Owners
The following elements must be included in your copyright infringement
claim:
1.An electronic or physical signature of the owner (or a person authorized
to act on behalf of the owner) of an exclusive copyright-related right that
is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed,
or if a single notice objects to several copyrighted works at a single
online site, a representative list of the infringed works at that site. A
"representative list" should identify every work if there are less than ten
such works, and at least half of the works if there are ten or more such
works. 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 the Company to locate the material. This should include the exact
URL and the date on which the infringement was noted.
4. Information reasonably sufficient to permit the Company to contact the
complaining party. If at all possible, this should include an electronic
mail address, and should include a mailing address, telephone number, and
fax number.
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 notice 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.
Failure to include all of the above information may result in a delay of
the processing or the DCMA notification.
Notice and Takedown Procedure
All users of any part of the Company system must comply with all
applicable copyright laws. However, if the Company receives proper
notification of claimed copyright infringement, it will respond
expeditiously by removing, or disabling access to, the material that is
claimed to be infringing or to be the subject of infringing activity. The
Company will comply with the appropriate provisions of the DMCA upon
receiving any counter notification.
Please allow at least three business days to process any complaint or
counter-notification. The Company will process these items as rapidly as
possible, but cannot predict the number of active items it may have at any
given time.
Repeat Infringers
Infringement of the copyrights of others violates the Terms of Service
for all of the Company's computing systems and networks. Under appropriate
circumstances, Company may restrict or terminate the access of its system
or network users who are repeat infringers. The Company will cooperate with
copyright holders if it believes that any repeat infringer's activity is
both (a) persistent and (b) willful and/or for purposes of financial gain,
and such cooperation may include, among other things, the release of
otherwise private user information after appropriate notification and (if
necessary) due process of law.
No warranties
This website is provided “as is” without any representations or warranties,
express or implied. Dancehalldatabase makes no representations or
warranties in relation to this website or the information and materials
provided on this website.
Without prejudice to the generality of the foregoing paragraph,
Dancehalldatabase does not warrant that:
l this website will be constantly available, or available at all; or
>l the information on this website is complete, true, accurate or
non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of
any kind. [If you require advice in relation to any [legal, financial or
medical] matter you should consult an appropriate professional.]
Limitations of liability
Dancehalldatabase will not be liable to you (whether under the law of
contract, the law of torts or otherwise) in relation to the contents of, or
use of, or otherwise in connection with, this website:
l [to the extent that the website is provided free-of-charge, for any
direct loss;]
l for any indirect, special or consequential loss; or
l for any business losses, loss of revenue, income, profits or anticipated
savings, loss of contracts or business relationships, loss of reputation or
goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Dancehalldatabase has been
expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty
implied by law that it would be unlawful to exclude or limit; and nothing
in this website disclaimer will exclude or limit Dancehalldatabase’s
liability in respect of any:
l death or personal injury caused by Dancehalldatabase negligence;
l fraud or fraudulent misrepresentation on the part of Dancehalldatabase;
or
l matter which it would be illegal or unlawful for Dancehalldatabase to
exclude or limit, or to attempt or purport to exclude or limit, its
liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of
liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
[You accept that, as a limited liability entity, Dancehalldatabase has an
interest in limiting the personal liability of its officers and employees.
You agree that you will not bring any claim personally against
Dancehalldatabase officers or employees in respect of any losses you
suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the
limitations of warranties and liability set out in this website disclaimer
will protect Dancehalldatabase officers, employees, agents, subsidiaries,
successors, assigns and sub-contractors as well as Dancehalldatabase
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be,
unenforceable under applicable law, that will not affect the enforceability
of the other provisions of this website disclaimer.