Copyright Violation Procedure

 

Implementation date: August 15, 2012
Holiday Zeal LLC COPYRIGHT VIOLATION PROCEDURE

In line with the DMCA, we have established the following guidelines regarding copyright infringement. We hold the right to (1) restrict access to or delete content that we reasonably believe to be copyrighted works unlawfully replicated and distributed by any of our advertisers, partners, content suppliers, members or users and (2) revoke and end service to repeated violators.

Keep in mind that your use of Holiday Zeal store services consistently adheres to the Terms of Use, which includes this Copyright Violation Procedure. Any terms used here without clear definitions have the meanings given in the Terms of Use.

(1) Steps to Report Copyright Infringements. Should you suspect that material available through the Services infringes your copyright (or that of someone you are authorized to act for), kindly submit a notice of copyright infringement containing the details below to Holiday Zeal store’s Designated Agent to Receive Claims of Copyright Violation (our “Designated Agent,” whose contact information is provided below):

(a) A physical or digital signature of the person authorized to represent the copyright owner, whose copyright is claimed to be infringed;

(b) Details of the copyrighted works or materials being infringed;

(c) Specifics of the infringing material including information about the location of the infringing works that the copyright owner wants removed, with enough detail for Holiday Zeal to locate and verify its existence;

(d) Contact details of the notifier including address, phone number, and if possible, email address;

(e) A declaration that the notifier has a genuine belief that the material indicated in (1)(c) is not authorized by the copyright owner, its agent, or the law; and

(f) A statement made under penalty of perjury that the provided information is accurate and the complaining party is entitled to act on behalf of the copyright owner.

(2) Upon Receiving a Proper Bona Fide Infringement Notification. Upon getting a proper notice of copyright violation, we maintain the right to:

(a) remove or disable access to the infringing content;

(b) notify the content provider accused of infringement that we have taken down or disabled access to the specified material; and

(c) terminate the content provider’s access to the Services if they are repeat violators.

(3) Steps to Provide a Counter-Notice to the Designated Agent. If the content provider believes that the content removed (or access to which was disabled) is not infringing, or that they are authorized to use such material from the copyright owner, the copyright owner’s agent, or legally, the content provider may send us a counter-notice with the following information to the Designated Agent:

(a) A physical or digital signature of the content provider;

(b) Identification of the material that has been removed or to which access has been disabled, and the location where the material was available before removal or disabling;

(c) A statement that the content provider has a genuine belief that the material was removed or disabled due to error or misidentification; and

(d) The content provider’s name, address, phone number, and if possible, email address, along with a statement that the person or entity consents to the jurisdiction of the Federal Court for the judicial district where the content provider’s address is located, or, if outside the United States, for any judicial district where Holiday Zeal is located, and that the individual or entity will accept service of process from the person who issued the notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Holiday Zeal may, at its discretion, send a copy of the counter-notice to the original complainant informing them that Holiday Zeal may reinstate the removed material or stop disabling it within 10 business days. Unless the copyright owner files a legal action seeking a court order against the alleged infringer, the removed material may be restored or access re-enabled in 10 to 14 business days from receipt of the counter-notice, at Holiday Zeal’s discretion.

Please reach out to Holiday Zeal Designated Agent at the address below:

Legal Department

Address: 613 East Pike Street Seattle, WA 98122
Email: [email protected]

Phone: 206-623-5339