COPYRIGHT COMPLIANCE POLICY
COPYRIGHT COMPLIANCE POLICY
Last Modified: December 02, 2011
This is the official copyright compliance policy ("Copyright Compliance Policy") for Jamaicansmusic.com
("Site," "we," "us," or "our"), an Internet website offered in
cooperation and this Copyright Compliance Policy applies regardless of
what type of Device you use to access the Site. This Copyright
Compliance Policy sets forth the procedures undertaken by
Jamaicansmusic.com to respond to notices of alleged copyright
infringement from copyright owners and terminating the accounts of
repeat infringers and does not cover any other procedures, for any other
purpose, or the procedures of the Parent Companies or any subsidiaries
and affiliates of the Parent Companies (collectively, "Affiliates"),
or any other company, unless specifically stated.
This Copyright Compliance Policy is a part of the terms and
conditions which are set forth in our Terms of Use Agreement. Any terms
that are not defined in this Copyright Compliance Policy shall have
the meaning given in the Terms of Use Agreement. Both the Terms of Use
Agreement and this Copyright Compliance Policy are legally binding on
all users.
We take protection of copyrights, both our own and others, very
seriously. We therefore employ multiple measures to prevent copyright
infringement over this Site and to promptly end any infringement that
might occur.
How to Send a Notice of Copyright Infringement
In you are a copyright owner (or the owner's authorized agent) and
have a good-faith belief that material on our website infringes one of
your copyrights, you may notify us using this procedure. In order for
us to process your notice of copyright infringement, it must be sent to
the agent designated below and must include the information specified
below. When we receive a notice under this procedure, we will
expeditiously remove or disable access to the material that is claimed
to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
Email Address of Designated Agent: infringmentcomplaint@Jamaicansmusic.com
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g.,
REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR
E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A
RESPONSE IF SENT TO THAT CONTACT.
Your notice of infringement must be a written communication provided
to the agent designated above that includes substantially the
following information:
(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 on our Site is covered by a
single notification, a representative list of such works on our 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 the service provider to locate the material.
(4) Information reasonably sufficient to permit the service provider
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.
(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.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.
THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES
INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S
LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
How to Send a Counternotice If Your Posting Was Removed in
Response to a Notice of Infringement and You Believe the Posting Is Not
Infringing
As explained above, if we receive a notice of infringement sent to
our designated agent with the information described above, we will
expeditiously remove or block access to the material that is claimed to
be infringing. We will also send a notification to the user who posted
the material, at the email address provided by the user in connection
with his or her account with us, telling the user that the material was
removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response
to a notice of infringement and you believe that material was removed
due to mistake or misidentification, you may request that we replace
the posting by sending us a counternotice as follows:
You must send the counternotice to our designated agent for
receiving notices of infringement, whose name and contact information
is above.
Your counternotice must be a written communication sent and must include substantially the following information:
(1) A physical or electronic signature of the subscriber (you the user).
(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 user 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 user's name, address, and telephone number, and a statement
that the user consents to the jurisdiction of Federal District Court
for the judicial district in which the address is located, or if the
user's address is outside of the United States, for any judicial
district in which the service provider may be found, and that the user
will accept service of process from the person who provided
notification of copyright infringement or an agent of such person.
When we receive a counternotice that complies with these
requirements, we reserve the right, but not the obligation, to restore
the material that was removed after forwarding a copy of the
counternotice to the person who sent the notice of infringement and
waiting at least 10 business days. If, during those 10 business days,
the person who sent the original notice of infringement notifies us
that such person has instituted a suit to seek a court order to
restrain the user from infringing activity relating to the material on
our website, we will not replace the material. Otherwise, we may repost
the material at our discretion. However, pursuant to the Section of
the Terms of Use Agreement entitled "Postings", we retain the right to
remove, block access to, or not restore material at any time for any
reason without any liability to the posting user. In particular, a user
who sends a counternotice pursuant to this Copyright Compliance Policy
expressly acknowledges and agrees that we shall not be liable to the
user under any circumstances for declining to replace material.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.
THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES
INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S
LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR
MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A
repeat infringer includes any user who has made two or more Postings
for which we receive a notice of infringement under this Copyright
Compliance Policy. Each user agrees that if his or her account is
terminated pursuant to this Copyright Compliance Policy, the user will
not attempt to establish a new account under any name, real or assumed,
and further agrees that if the user violates this restriction by
opening a new account after being terminated pursuant to this Copyright
Compliance Policy, the user shall indemnify and hold us harmless for
any and all liability that we may incur therefor.
Sole Statement: This document is the sole statement of the Copyright
Compliance Policy with respect to this Site, and no summary,
restatement or other version thereof, or other statement or policy, in
any form, including, without limitation, machine-generated, is valid.
This Copyright Compliance Policy was last updated on the date noted above and is effective immediately.