Digital Millennium Copyright Act Policy tyresafety.org.nz is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). tyresafety.org.nz respects the legitimate rights of copyright owners and has implemented an effective notice and takedown procedure as required by the DMCA. This policy aims to assist copyright owners in utilizing the procedure and guide webmasters in restoring access to mistakenly disabled websites.
Notice to Owners of Copyrighted Works The DMCA offers a legal procedure through which copyright owners can request any Online Service Provider to disable access to a website where their copyrighted work(s) are appearing without permission. The procedure consists of two parts: (1) Writing a Proper DMCA Notice and (2) Sending the Proper DMCA Notice to tyresafety.org.nz’s Designated Agent.
How to Write a Proper DMCA Notice A Proper DMCA Notice should include specific 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:
- Identify yourself as either: a. The owner of the copyrighted work(s), or b. A person “authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- State your contact information, including your TRUE NAME, street address, telephone number, and email address.
- Identify the copyrighted work that you believe is being infringed, or if numerous works are appearing on a single website, provide a representative list of the works.
- Identify the material that you claim is infringing your copyrighted work and request that access to it on the World Wide Web be disabled by tyresafety.org.nz.
- Provide information reasonably sufficient to enable tyresafety.org.nz to locate the material on the World Wide Web.
- Declare that you have a good faith belief that the use of the material in the complained-of manner is not authorized by the copyright owner, its agents, or the law.
- Confirm that the information in the notice is accurate, under penalty of perjury.
- Sign the notice with 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 tyresafety.org.nz (the “Designated Agent”):
What We Do When We Receive a Proper DMCA Notice tyresafety.org.nz will adhere to the procedures outlined in the DMCA, which prescribe a notice and takedown procedure, while acknowledging the webmaster’s right to submit a Counter-notification asserting lawful use of the disabled works.
Notice and Takedown Procedure We expect all users of the tyresafety.org.nz system to comply with applicable copyright laws. If tyresafety.org.nz is notified of claimed copyright infringement or becomes aware of facts and circumstances indicating apparent infringement, we will promptly respond by removing or disabling access to the material claimed to be infringing or the subject of infringing activity. tyresafety.org.nz will comply with the relevant provisions of the DMCA in the event a counter-notification is received by its Designated Agent.
Notice to Users of tyresafety.org.nz As stated in the Terms of Service Agreement you agreed to when becoming a System User, you are obligated to use only lawfully acquired creative works as website content. Your website may be disabled upon receipt of a notice of infringing material appearing there.
tyresafety.org.nz also respects the legitimate interests of webmasters in lawfully utilizing media content, presenting a response to infringement claims, and timely restoration of access to websites disabled due to copyright complaints.
Your System Use privileges will be suspended accordingly. You can 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 the operation of the tyresafety.org.nz notice and takedown procedure mentioned above, and you believe the takedown was improper, you must submit a Counter-notification.
Writing a Counter-notification To submit a Proper Counter-notification, please provide the following information:
- State that access to your website was disabled due to the operation of the notice and takedown procedure.
- Identify the material that was removed and specify its URL before removal.
- State, under penalty of perjury: a. Your name, address, and telephone number, b. That you have a good faith belief that the material was removed or disabled due to a mistake or misidentification of the material, c. That you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located.
Sending the Counter-notification To exercise your DMCA rights, you must send your Counter-notification to the “Designated Agent” for tyresafety.org.nz, whose contact information is:
Repeat Infringers Any customer found violating the Company’s DMCA Policy or any of the Terms & Conditions will face immediate termination. Additionally, repeat infringers will not be tolerated.
Accommodation of Standard Technical Measures tyresafety.org.nz’s policy is to accommodate standard technical measures used by copyright owners to identify or protect copyrighted works and not to interfere with them, provided they are deemed reasonable under the circumstances.
Policy Regarding Non-Compliant Communications tyresafety.org.nz retains discretion in handling non-compliant notices, taking reasonable actions based on the presented circumstances.
Submission of Misleading Information Submitting any form of misleading information in a notification or counter-notification submitted to tyresafety.org.nz invalidates any claim of right made by the submitting party.