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DMCA Policy and Claims

Last Updated: 6 July, 2015

Digital Millenium Copyright Act (DMCA) Policy and Claims

We respect the intellectual property of others, and we ask for the same respect from you. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) or other applicable intellectual property laws.

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a “Notice of Claimed Infringement” by e-mail to our Copyright Agent at legal@ourcabana.com, and include the following required information:

1. a description of the copyrighted work or other intellectual property that you, as the “Notifying Party,” claim is being infringed;
2. the URL where the material that you claim is infringing is located on OurCabana;
3. your name, address, telephone number, and e-mail address;
4. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that all of the information in your Notice is accurate and that you are or are authorized to act on behalf of the owner of the copyright or other intellectual property interest;
6. your physical or electronic signature.

You may, but are not required to, send a physical copy of your Notice to:

Law Offices of Clyde DeWitt
Attn: OurCabana Infringement Claims
2300 W. Sahara Avenue, Suite 2300
Las Vegas, NV 89102
United States

Please do not send other inquires or information to this address.

Please be advised that if you knowingly misrepresent that Content displayed on OurCabana is infringing your rights, you may be held liable for damages, including costs and attorneys’ fees, pursuant to Section 512(f) of the DMCA.

Notice-and-Takedown Procedures

Upon receipt of your Notice of Claimed Infringement, we may notify the party who submitted or posted the Content you claim is infringing that we are in receipt of your Notice. By submitting your Notice, you consent to the disclosure of your identity to the alleged infringing party. Based on facts or circumstances from which infringing activity is probable or apparent, we may remove, block, or disable access to the Content claimed to be infringing.

Repeat Infringers

As provided under the DMCA and other applicable law, we may disable or terminate, under appropriate circumstances and at our sole discretion, the accounts of users who we deem to be repeat infringers of copyright or other intellectual property interests.