Digital Millennium Copyright Act (DMCA) Policy
TSG, Inc. (“TSG”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and in accordance with 17 USC § 512(c)(3) of the act, TSG will respond expeditiously to claims of copyright infringement committed on any TSG website (the “Site”) if such claims are reported to TSG’s Designated Copyright Agent identified below.
Notification of Alleged Copyright Infringement
If you are a copyright owner, authorized to act on behalf of one, or are authorized to act under an exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to TSG’s Designated Copyright Agent.
Upon receipt of Notice as described below, TSG will, in its sole discretion, take whatever action it deems appropriate, including removal of the challenged content from the Site. Please note that failing to comply with all of the requirements of this section and of 17 USC § 512(c)(3) may make your DMCA notice to be invalid.
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by your Notice – provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at minimum, if available, the URL of the link shown on the Site or the exact location where the subject material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to TSG’s Designated Copyright Agent:
Patrick Fowler, Copyright Agent
33 Clyde Road, Suite 103
Somerset, NJ 08873
Counter Notification – Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- 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.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
If a Counter-Notice is received by the Copyright Agent, TSG may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against TSG or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.
Repeat Infringer Policy
TSG takes copyright infringement very seriously, and pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from its copyright holders with its registered DMCA Agent. TSG makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.
Regardless of whether TSG terminates access and/or use privileges of any person or entity, ‘repeat infringer’ or otherwise, TSG in no way waives any right to pursue any available remedy at law or in equity against copyright infringers or any other intellectual property rights violators, nor will TSG indemnify or provide legal representation to any alleged infringer in any action arising from the alleged infringer’s use of any TSG website, except as expressly described in this notice.
TSG reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.