Segpay Copyright/DMCA Policy
Last Updated: February 9, 2017
Segpay respects the intellectual-property rights of others and expects its clients to do the same. Each client is responsible for making sure that the materials on their website do not infringe any copyright, trademark, trade secret or other intellectual-property right of any person.
The sale of counterfeit goods and copyright piracy are issues Segpay takes seriously, and Segpay has developed this policy to address this problem. Because rights holders are in the best position to identify and evaluate infringement of their intellectual property, without specific and reliable notices from rights holders, Segpay lacks the knowledge and capability to identify and address infringement. Accordingly, SegPay expects intellectual-property holders to be accurate in demonstrating infringement of their copyrights and trademark rights and to target only infringing conduct.
Segpay does not host or control the content on third-party websites (i.e., client websites) and is not able to remove websites or their content from the Internet. Nor can SegPay engage in extensive or definitive fact finding to determine a particular party’s intellectual-property rights. Segpay prohibits websites that are principally dedicated to selling counterfeit goods or engaging in copyright piracy and have no substantial non-infringing uses from using Segpay.
If you believe that a client’s website is infringing your intellectual-property rights, you may submit written notice to Segpay’s Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyright work you believe to have been infringed or, if the claim involves multiple works, a representative list of the works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow location of that material.
- Adequate information by which Segpay can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Segpay’s designated Copyright Agent to receive DMCA notices is:
Corey D. Silverstein, Esq.
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
(248) 645-1222 (fax)
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is Segpay’s policy in appropriate circumstances to disable or terminate the accounts of clients who are repeat infringers in accordance with Segpay’s Repeat Infringer Policy.