UnikWebDesign.com : Intellectual Property Policy and the DMCA

Welcome to UnikWebDesign.com!

Digital Millenium Copyright Act

UnikWebDesign.com's Intellectual Property Policy is subject to the Terms of Service of this site, and to the Definitions set forth in the Agreement. Such policy may be found at:
http://www.unikwebdesign.com/terms

It is Our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). Our policy and its details in reference to trade marks and copyrights, may be found at:
http://www.unikwebdesign.com/ip-policy

To the best of Our knowledge, all the text, graphics, audio, design, software, and other works and intellectual property on this website are the copyrighted works of http://www.UnikWebDesign.com and/or the Network, and/or the Agent; unless indicated, or otherwise, to the best of Our knowledge, it is the copyright or their respective owners with permission or license for http://www.UnikWebDesign.com and/or the Network, and/or the Agent; to use in one or more of the Services; or it it is used according to certain limitations or exceptions provided by law, by the Digital Millennium Copyright Act, or other provisions, including but not limited to fair use. In the Services, all rights reserved, as provided by law. Any distribution, redistribution, sharing, duplication, or reproduction of any materials herein is strictly prohibited, unless you have a written authorization to use such property or material, or as provided by law. Trade Marks named in any way in the Services are the intellectual property of their designated owners. Naming any Trade Mark in the Services, does not necessarily indicate, the relationship, recommendation, referral, approval, endorsement or connection; to third party products, services, companies, organizations, individuals or other, in relation to such trade Marks, brands, brand names or other intellectual properties mentioned or referred to in any way in the Services. You agree that if at any time, you believe that intellectual property has been violated in any way, that you will first proceed with the Services' DMCA policy available in the Services, and that such policy is subject to change without notice, making any new changes automatically current. Such policy may be found at:
http://www.unikwebdesign.com/ip-policy

Copyright and Trademark Claims

To notify UnikWebDesign.com that there has been a copyright or trademark violation, please follow the specific instructions for filing a copyright complaint, or filing a trademark claim, specified in Our policy.

Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, UnikWebDesign.com requests that the Complaining Party substantiate such claim by providing UnikWebDesign.com with the following information, under penalty of perjury, via email to CopyrightClaims@UnikWebDesign.com The words "Copyright Claim" should appear in the subject line.

To be considered effective, a notification of a claimed copyright infringement must be provided via email to UnikWebDesign.com and must include, under penalty of perjury, the following information:

i. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

ii. 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 on that site.

iii. 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 UnikWebDesign.com to locate the material.

iv. Information reasonably sufficient to permit UnikWebDesign.com 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.

v. A statement, under penalty of perjury, 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.

vi. A statement, under penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

If the Complaining Party provides UnikWebDesign.com with appropriate email notification, pursuant to to UnikWebDesign.com's Terms of Service, the Intellectual Property policies, DMCA policy, and copyright claims policy described herein, including information reasonably sufficient to permit UnikWebDesign.com to locate and remove or disable the material in question; we will expeditiously proceed with your request, to the extent that it is under Our control.

For Copyright Claims, upon receipt of appropriate email notification from the Complaining Party, containing all of the information as described herein, pursuant to to UnikWebDesign.com's Terms of Service, the Intellectual Property policies, DMCA policy, and copyright claims policy described herein, UnikWebDesign.com will do all necessary efforts to remove or disable access to the material that is claimed to be infringing, and if it is not to Our full control, we will either contact the third party that may be in total control, or partial control of the source, if any other than Us, of the claimed infringing material; or we will provide you with information that you may need in order for you to contact the third party, if any other than Us. Please note that upon receipt of appropriate email notification from the Complaining Party, we may request from You or the Complaining Party, a signed document to be mailed and/or faxed to Us, with a signed declaration under the penalty of perjury, of what you are claiming, and in such case, the mailing address and/or fax number, together with the details of what declarations need to be contained in the signed legal document, would be provided to you after we have received Your email (or Complaining Party's email) notification.

Trademark Claims

To be considered effective, a notification of a claimed trademark violation must be provided via email to TrademarkClaims@UnikWebDesign.com and must include, under penalty of perjury, the following information:

i. Sufficient evidence that the party posting the trademark that is claimed to be infringing is a UnikWebDesign.com customer.

ii. The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed.

iii. The name, post office address and telephone number of the owner of the mark identified above.

iv. The goods and/or services covered by or offered under the mark identified in B above.

v. The date of first use of the mark identified above.

vi. The date of first use in interstate commerce of the mark identified above.

vii. The mark the Complaining Party believes is an infringement of its mark.

viii. The goods and/ or services covered by or offered under the mark claimed to be infringing.

ix. The precise location of the mark that is claimed to be infringing, including electronic mail address, etc. A good faith certification, signed under penalty of perjury, stating:

a. The mark [identify mark] infringes the rights of another party,

b. The name of such said party,

c. The mark [identify mark] being infringed, and

d. That use of the mark [identify mark] claimed to be infringing at issue is not defensible.

For Trademark Claims, upon receipt of appropriate email notification from the Complaining Party, containing all of the information as described herein, pursuant to to UnikWebDesign.com's Terms of Service, the Intellectual Property policies, DMCA policy, and copyright claims policy described herein, UnikWebDesign.com will do all necessary efforts to remove or disable access to the material that is claimed to be infringing, and if it is not to Our full control, we will either contact the third party that may be in total control, or partial control of the source, if any other than Us, of the claimed infringing material; or we will provide you with information that you may need in order for you to contact the third party, if any other than Us. Please note that upon receipt of appropriate email notification from the Complaining Party, we may request from You or the Complaining Party, a signed document to be mailed and/or faxed to Us, with a signed declaration under the penalty of perjury, of what you are claiming, and in such case, the mailing address and/or fax number, together with the details of what declarations need to be contained in the signed legal document, would be provided to you after we have received Your email (or Complaining Party's email) notification.

If you need to file a counter notification pursuant to the provisions under the Digital Millennium Copyright Act, email us at DMCACounterNotification@UnikWebDesign.com - We will then respond to you with the details and requirements of filing a counter notification with Us.

Please note that you will be liable for damages, including costs and attorneys' fees, if you materially misrepresent that a product or activity is infringing your copyrights. Please note that a copy of any legal notice we receive may be sent to a third-party partner, affiliate, or other entity, which may be used for any or all of the following: publication, annotation and/or record keeping. Your letter (with your personal information removed) may be forwarded to public third party organizations or any kind of entity such as, but not limited to, Chilling Effects (http://www.chillingeffects.org) for publication and/or other uses, as allowed by law. View a Sample of a Cease and Desist Letter at ChillingEffects.org. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney, and/or, for more information about copyrights laws, trademarks, and other intellectual property, here are some links that you may find useful: http://www.copyright.gov/ | http://www.uspto.gov/