Last Update: May, 2006
TalkShoe is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). TalkShoe respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to TalkShoe Designated Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify TalkShoe of particular facts in a document signed under penalty of perjury. We refer to this as a "Proper DMCA Notice". To write a Proper DMCA notice, please provide the following information:
Sign the notice with either a physical or electronic signature.
Sending The Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by TalkShoe (the "Designated Agent"). The contact information for TalkShoe's Designated Agent is:
What We Do When We Receive A Proper DMCA Notice
TalkShoe will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster's right to submit a Counter-notification claiming lawful use of the disabled works
Notice and Takedown Procedure
It is expected that all users of any part of the TalkShoe system will comply with applicable copyright laws. However, if TalkShoe is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. TalkShoe will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Notice to Users of TalkShoe Systems
Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. TalkShoe also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint. Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.
Writing and Submitting a Counter-notification
If access to your website is disabled due to operation of the TalkShoe notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.
Writing a Counter-notification
To Write a Proper Counter-notification, please provide the following information:
Sending the Counter-notification
To exercise your DMCA rights, you must send your Counter-notification to the Designated Agent for TalkShoe. The contact information for TalkShoe's Designated Agent is:
TalkShoe may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers.
Accommodation of Standard Technical Measures
It is TalkShoe's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
TalkShoe has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.
Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification submitted to TalkShoe voids any claim of right made by the submitting party.
Copyright © 2005-2009 TalkShoe