Digital Millennium Copyright Act; Procedure for Making Claims of Infringement
You agree to only upload, post, submit or otherwise transmit User Contributed Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Marketplace.city respects the legal rights of others, and asks that its users do the same. It is Marketplace.city's policy to respond to notices of alleged copyright or other forms of intellectual property infringement provided they comply with applicable laws (most notably, the United States’ Digital Millennium Copyright Act or "DMCA"). Repeat offenders will, at Marketplace.city's option, have their user accounts and/or access to the Site and the Services removed or disabled irrespective of the status of any particular notification or counter-notification. If you believe that your intellectual property rights have been infringed, please provide Marketplace.city with written notice of same with the following information:
- The full name, mailing address, telephone number, contact email address and physical or electronic signature of an owner of an exclusive right that is allegedly infringed, or a person or entity specifically authorized to act on that owner's behalf;
- Identification of the works claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works;
- 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 Marketplace.city to locate said material; -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 rights holder, his/her/its agent, or the law;
- 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; and
- Any supporting documentation to help establish the rights at issue, such as copies of a valid and duly executed copyright registration certificate.
Notices should be delivered to Marketplace.city's Agent for Notices of Infringement Claims:
c/o Frank Joseph Battaglia III
509 Glenbrook Drive
Middletown, MD 21769
Phone: +1 (908) 421-6797
Marketplace.city will, upon receipt of a properly-formatted notice, act expeditiously to remove the allegedly offending content or disable public access to same. Marketplace.city will also send a copy of any infringement notice to the party said to be responsible for the infringement at issue. If you have received such a notice, you may opt to file a counter-notice, stating essentially that you dispute the allegations made in the notice and formally requesting that any material removed or disabled be reposted. A counter-notification should include the following information:
- The full name, address, telephone number, contact email address and physical or electronic signature of the party named in the infringement notice, or a person or entity specifically authorized to act on his/her/its behalf.
- Identification of the material(s) claimed to have been removed or disabled by Marketplace.city, and information reasonably sufficient to permit Marketplace.city to determine its prior location;
- A statement that the party making the counter-notice has a good faith belief that use of the material in the manner complained of is not authorized by the rights holder, his/her/its agent, or the law;
- A statement that the information in the counter-notification is accurate, and under penalty of perjury, that the materials removed were removed or disabled as a result of misidentification or wrongful allegation;
- A statement that you will accept jurisdiction for disputes relating to this matter in either: (i) the Federal District Court in the district that you reside; or (ii) if you reside outside of the U.S.A., in the Southern District of New York.
- Any supporting documentation to help establish the statements contained in your counter-notification.