PreScouter.com is a publishing platform where authors can sometimes use copyrighted materials in commentary or journalism, or transform the materials into something original of their own. As such, before submitting a DMCA notice for material on which you own a copyright, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure material located on or linked-to by a PreScouter.com infringes your copyright, you should consider first contacting an attorney. Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
PreScouter Corporation (PreScouter) will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. PreScouter may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. PreScouter’s privacy policy does not protect information provided in these notices.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PRESCOUTER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Notification
If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated agent at the address below:
PreScouter Legal Department
820 Davis St, #117
Evanston, IL 60201
If your concern is with content you posted to any PreScouter.com webpage, please note that by submitting, posting, or displaying your content on our site, you grant PreScouter and its end users a worldwide, royalty-free, non-exclusive license as specified in the Terms of Use.
If your content has not been posted to any PreScouter site previous, your notification must include the following information:
1. A description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
2. A description of where the material that you claim is infringing is located on our Website;
3. Information reasonably sufficient to permit PreScouter to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
4. A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Upon receipt of the written Notification containing the information as outlined in 1 through 5 above:
1. PreScouter shall remove or disable access to the material that is alleged to be infringing;
2. PreScouter shall forward the written notification to such alleged infringer (“Subscriber”);
3. PreScouter shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification
To be effective, a Counter Notification must be a written communication provided to PreScouter’s Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
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 the Subscriber has 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;
4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. PreScouter shall promptly provide you, the complaining party, with a copy of the Counter Notification;
2. PreScouter shall inform you that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. PreScouter shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided PreScouter’s Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on PreScouter’s network or system.
Account Termination
PreScouter may, in appropriate circumstances, terminate an account holder or subscriber to a PreScouter Web Site if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact PreScouter’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.