Everglow Network DMCA Policy

Everglow Network Digital Millennium Copyright Act Policy

Notification of Copyright Infringement

Everglow has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 or DMCA (http://www.copyright.gov/legislation/dmca.pdf). The address of Everglow's Designated Copyright Agent to Receive Notification of Claimed Infringement is provided below.

Procedure for Reporting Copyright Infringements (DMCA Notice)

If you believe that material or Content residing on or accessible through the Everglow Site or Service infringes a copyright, please report alleged copyright infringement taking place on or through our site. Please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below.

Identification the works or materials being infringed.
Identification of the link you claim has been infringed and that access to which is to be disabled (URL of the link shown where materials may be found).
A person "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Provide contact information about the notifier including TRUE NAME, address, telephone number and email address;
Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Provide your full legal name and your electronic or physical signature.

Sending the Counter-notification

To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by Everglow . The contact information for

edwardandbella.net@gmail.com

Upon Receipt of a Proper DMCA Notice

Everglow will comply with the appropriate provisions of the procedures provided in the DMCA:

Remove or disable access to the infringing material.
Notify the content provider, member or user of the action taken.
Repeat offenders will have the infringing material removed from the system and will have their account terminated or removed from our server.

If our Designated Copyright Agent decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, our Designated Copyright Agent will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service.

Procedures to Writing a Counter-Notice

State that access to your website was disabled due to operation of the notice and takedown procedure.
Identify the material that has been removed and designate its URL prior to removal.
State, under penalty of perjury:

Your name, address, and telephone number,
That you "have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material,"
That you "consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located."

I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which we may be found, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.
Your physical or electronic signature (full legal name):____________________________

The Counter Notice should be delivered to:

edwardandbella.net@gmail.com

Notification of Trademark Infringement

If you believe that some other IP right of yours is being infringed by a user, please provide Everglow’s Designated Copyright Agent (specified above) with the following information:

Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
Information reasonably sufficient to permit Everglow to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Everglow to determine without unreasonable effort that the IP has been infringed;
Information reasonably sufficient to permit Everglow to identify the use being challenged;
A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.

Upon receipt of notice as described above, Everglow will seek to confirm the existence of the IP on the Site, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Site. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then Everglow may exercise its discretion not to remove the IP. If Everglow decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.

Everglow Has No Obligation to Adjudicate IP Claims - User's Agreement to Hold Us Harmless From Claims Claimants and users must understand that Everglow is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold Everglow harmless from any resulting claims of infringement brought against Everglow.