Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is the policy of MyGolfSpy.com to expeditiously respond to clear notices of alleged copyright that comply with the United States Digital Millennium Copyright Act (DMCA). The form of notice specified below is consistent with the form suggested by the DMCA.
By using any part of MyGolfSpy.com, users agree to be bound by all applicable copyright laws. If MyGolfSpy.com receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the infringing user’s access to the site, regardless of whether MyGolfSpy.com may be liable for such infringement under the laws of the United States or any other jurisdiction.
MyGolfSpy.com has appointed the individual identified below as Designated Agent to receive notification of alleged infringement under the DMCA:
Matthew D. Meadows, Esq.
Jones, Blechman, Woltz & Kelly, P.C.
701 Town Center Drive, Suite 800
Newport News, Virginia 23606
Upon receipt from the Designated Agent of proper notification of claimed infringement, MyGolfSpy.com will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied on MyGolfSpy.com in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you should provide the following information in writing to the above-referenced Designated Agent:
- Identification of the copyrighted work that has allegedly been infringed;
- Information reasonably sufficient to allow MyGolfSpy.com to locate the infringing material for removal or disabling of access;
- Contact information for the complaining party;
- A statement that that complaining party has a good faith belief that the 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 complaining party swears, under penalty of perjury, that the information in the notification is accurate and that the complaining party is the copyright owner or the copyright owner’s authorized agent; and
- A physical or electronic signature of the copyright owner or authorized agent of the owner.
Please be advised that, pursuant to 17 U.S.C. § 512(c)(3)(B) of the DMCA, if a complaining party does not substantially comply with these requirements, its notice will not serve as “actual notice” for the purposes of the DMCA.
Users who have posted content that becomes the subject of an infringement notification may make a counter notification pursuant to 17 U.S.C. § 512(g)(2) and (3) of the DMCA. To file a counter notification, provide the Designated Agent identified above with the following information in writing:
- Identification of the material that has been removed or to which access was disabled and the location where it appeared prior to removal;
- Your contact information;
- A statement that you consent to the jurisdiction for the Federal District Court for the [federal district in which your address is located];
- A statement that you will accept service from process from [the individual who submitted the notification of infringement or his/her agent];
- A statement that you swear, under penalty of perjury, that you have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of that material; and
- Your physical or electronic signature.
Upon receipt of such counter notice, MyGolfSpy.com will inform the complainant who provided the original infringement notification with a copy of the counter notification and inform that person that MyGolfSpy.com will replace the removed material or cease disabling access to in ten (10) business days. If proper counter notice is provided, and the complainant/copyright holder does not file suit within ten (10) business days, MyGolfSpy.com will restore the removed or disabled material.