TAKEDOWN POLICY AND PROCEDURES
Berkeley Sourcing Group respects the intellectual property rights of others just as it expects third parties to respect its rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our Designated Agent listed below. As a service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA § 512. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
NOTICE OF INFRINGEMENT – CLAIM
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- 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 copyright owner.
- Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices to the Designated Agent. Please send by email for prompt attention.
Greg Fisher Berkeley Sourcing Group, LLC dba Hardware Massive 2125 Spaulding Ave. Berkeley, CA 94703 Phone: 415-646-5440 Email: firstname.lastname@example.org
COUNTER-NOTIFICATION – RESTORATION OF MATERIAL
We will take reasonable steps to notify you if any content associated with your account has been removed or access to it has been disabled as a result of a takedown notice. We are not liable for good faith taking down of material even if such material is ultimately not found to be infringing.
If you have received a notice of material being taken down because of a copyright infringement claim, you may provide us with a counter-notification in an effort to have the material in question restored. Said notification must be given in writing to our Designated Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature;
- A description of the material that has been taken down and the original location of the material before it was taken down;
- 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 to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
Send all counter-notifications to the Designated Agent identified above. Please send by email for prompt attention.
Once we receive a compliant counter-notification from you, we will provide the entity that submitted the takedown notice with a copy of the counter-notification and inform them that the material taken down will be restored not less than 10 business days and not more than 14 business days following receipt of that counter-notice.
We will restore such material in the time window identified unless we or the Designated Agent receives notice from the entity submitting the takedown notice (or their agent) that they have filed a court order to restrain you from engaging in infringing activity related to the takedown notice.
REPEAT INFRINGER POLICY
Hardware Massive takes copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, Hardware Massive maintains a list of DMCA notices from its copyright holders with its registered Designated Agent. The company makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.
Hardware Massive, in our sole discretion, may restrict, suspend or terminate the account(s) of those we believe are repeat infringers based on the circumstances and evidence of the alleged infringements. Hardware Massive in their sole discretion may suspend or terminate any account for any reason or no reason, even if the account application had been previously approved by Hardware Massive.
Hardware Massive reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.