DMCA INFRINGEMENT NOTIFICATION PROCEDURE

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), askART.com, Inc. (“askART”) will respond expeditiously to claims of copyright infringement that are reported to askART’s designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to askART by providing askART’s designated copyright agent listed below with 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 copyright work claimed to have been infringed;
3. Identification of the location of the material that is claimed to be infringing (i.e., on a specific part of the askART website) and sufficient information that allows askART to identify such materials;
4. You name, address, telephone number and email address;
5. A written statement by you that you have 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; and
6. A statement that the above information in your notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

You should send DMCA Infringement Notifications to askART as follows:

askART, Inc.
Attention: Copyright Agent
P.O. Box 380
Tonganoxie, KS 66086
[email protected] (Subject: DMCA Infringement Notification)

WHAT WE DO WITH YOUR INFRINGEMENT NOTIFICATION

Upon receipt of your DMCA Infringement Notification, we will take reasonable steps to promptly notify the relevant user that askART has removed or disabled access to the material.

DMCA COUNTER-NOTIFICATION PROCEDURE
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

ELEMENTS OF COUNTER-NOTIFICATION

1. Identify the specific material that askART has removed or to which askART has disabled access.
2. Provide your full name, address, telephone number, and email address, and the username of your askART account.
3. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Send the Counter-Notification to the following address:

askART, Inc.
Attention: Copyright Agent
P.O. Box 380
Tonganoxie, KS 66086
[email protected] (Subject: DMCA Counter-Notification)

WHAT HAPPENS NEXT?

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the askART website. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

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