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DMCA PROCEDURES

 

Making and Responding to Claims of Copyright Infringement

It is the policy of Los Nicas Distributors to respond to claims of copyright infringement related to its family of websites (collectively “Los Nicas Distributors Sites”).  We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Los Nicas Distributors' Designated Agent.  If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Los Nicas Distributors Sites, please notify us by contacting our designated agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Los Nicas Distributors' designated agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Los Nicas Distributors' designated agent that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
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 us to locate the material;
4. Information reasonably sufficient to permit us 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;
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; and
6. 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.

Los Nicas Distributors' Designated Agent for notice of claims of copyright infringement can be reached as follows:

By webform:
Click Here

By mail:
Los Nicas Distributors, Inc.
Legal Dept.
Hialeah, FL 33013

USA

Upon receipt of a valid notification of alleged copyright infringement by a third party, Los Nicas Distributors shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Los Nicas Distributors, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the designated agent at the address listed above.

To be effective, a counter notification must be a written communication provided to Los Nicas Distributors' designated agent that includes the following:

1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If we receive a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that we have not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement.  Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by us, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.