Claims of Copyright Infringement.

 

(a)        Where a complaining party must forward a claim of copyright infringement.If a party (the ”Complaining Party”) wishes to notify the TrackingFootball, LLC (also referred to herein as “TrackingFootball”) regarding a claim of copyright infringement regarding content posted to the website, the Complaining Party must notify the TrackingFootball of such claim of copyright infringement in writing at:

    

TrackingFootball LLC Copyright Infringement

TrackingFootball LLC

3922 Pete Dye Blvd.

Carmel, Indiana 46033

United States

legal@trackingfootball.com

 

(b)        Contents of notice of claimed infringement. To be valid, a Complaining Party’s notice to TrackingFootball of a claim of copyright infringement must:

 

(1)   Identify the copyrighted work(s) claimed to have been infringed;

(2)   Identify the material claimed to have been infringed or to be the subject of infringing activity;

 

(3)   Request that the material  be removed or access to the same  be disabled;

(4)   Contain information sufficient to permit TrackingFootball or TrackingFootball’s Designated Agent to locate the material or content at issue;

 

(5)   Contain information reasonably sufficient to permit TrackingFootball or TrackingFootball’s Designated Agent to contact the Complaining Party such as an address, telephone number, and, if available, an electronic mailing address at which the Complaining Party may be contacted;

 

(6)   Contain a statement that the Complaining Party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;

 

(7)   Contain a statement that the information in the notice is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the copyright owner of the material which has been allegedly infringed upon; and

 

(8)   Contain a physical or electronic signature of the Complaining Party or his/her/its authorized agent.

 

(c)        TrackingFootball’s action in response to Complaining Party’s notice. Upon TrackingFootball’s receipt of a Complaining Party’s valid written notice of a claim of copyright infringement pursuant to paragraphs (a) and (b) above, TrackingFootball will:

 

(1)   Remove or disable access to the material or content that is claimed to be infringing; and

 

(2)   Take reasonable steps to notify the alleged infringer that it has removed or disabled access to the allegedly infringing material on or linked to the alleged infringer’s website.

 

(d)        Contents of You or User’s counter notification. You may provide TrackingFootball or TrackingFootball’s Designated Agent with a written counter notice in response to the Complaining Party’s valid notice of a claim of copyright infringement in a manner provided in paragraph (a) above. To be valid, your counter notice must:

 

(1)   Identify 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;

 

(2)   Contain a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material removed or disabled;

 

(3)   Contain your name, address, telephone number and a statement that you consent to the jurisdiction of the Federal District Court for which your address is located and that you shall accept service of process from the Complaining Party or his/her/its authorized agent; and

 

(4)   Contain your physical or electronic signature or the physical or electronic signature of your authorized agent.

 

(e)        TrackingFootball’s action in response to You or User’s counter notification.Upon TrackingFootball or TrackingFootball’s Designated Agent’s receipt of your valid counter notice pursuant to paragraphs (a) and (d) above, TrackingFootball or TrackingFootball’s Designated Agent will:

 

(1)   Promptly forward to the Complaining Party a copy of the counter notice at issue;  and

 

(2)   Inform the Complaining Party that it will replace the removed material and cease the disabling access to the same in not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice from the alleged infringer unless TrackingFootball or TrackingFootball’s Designated Agent first receives notice from the Complaining Party or its authorized agent that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on TrackingFootball’s system or network.

 

(f)         Repeat infringers. It is TrackingFootball’s policy to terminate an account or a User’s privileges, in appropriate circumstances and at the TrackingFootball’s sole discretion, who is a repeat infringer of copyrighted works, trademarks or any other intellectual property.