Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously at Swegold.com. In compliance with the Digital Millennium Copyright Act (the “DMCA”) and any other applicable intellectual property legislation or laws, we will respond to notices of alleged copyright infringement. Our response can include removing, blocking, or disabling access to material claimed to be the subject of infringing activity, terminating the user’s access to Swegold.com, or all of the above.
If you believe any material accessible on Swegold.com infringes your copyright, you may submit a copyright infringement notification (refer to “Filing a DMCA Notice of Copyright Infringement” below for instructions). Please note that these requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
If we remove or disable access to material in response to such a notice, we will notify the user who uploaded the affected content. This allows the user an opportunity to submit a counter notification (see “Counter-Notification Procedures” below for instructions). We document all notices of alleged infringement on which we act.
All copyright infringement notifications and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters may be deemed non-compliant and disregarded at our discretion.
Filing a DMCA Notice of Copyright Infringement
If you decide to request removal of content by submitting an infringement notification, remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
You can notify Swegold.com of alleged copyright infringement via our form found at https://www.swegold.com/information/dmcaform. This form is designed to help you identify your content accurately and speed up the content take-down process.
We also accept free-form copyright infringement notifications. In this case, the written notice (the “DMCA Notice”) should include:
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. Please include the specific URL of the video you believe infringes your rights.
- Enough information for us, and the uploader(s) of any video(s) you remove, to contact you (including your name, postal address, telephone number, and email address if available).
- 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, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
To fulfill the requirement of a complete complaint, type your full legal name to act as your signature at the bottom of your complaint.
Our designated Copyright Agent to receive DMCA Notices is:
Lawrence G. Walters Walters Law Group 195 W. Pine Avenue Longwood, FL 32750 Email: [email protected]
Please direct other inquiries or requests away from our designated copyright agent. Without prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices is expressly disclaimed.
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 note that if you knowingly materially misrepresent that material or activity on Swegold.com is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The copyright owner’s name will be published on Swegold.com in place of disabled content. This will become part of the public record of your DMCA Notice, along with your description of the work(s) allegedly infringed. The actual DMCA Notice, including your personal information, may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information revealed in this way.
Counter-Notification Procedures
If you have received a DMCA Notice and believe that material you posted on Swegold.com was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”). Counter-notices must be submitted by the video’s original uploader or an agent authorized to act on their behalf.
Counter-notices must be sent to our designated agent:
458 Lombard St, San Francisco, CA 94133
Email: [email protected]
Please direct other inquiries or requests away from our designated copyright agent. Without prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices is expressly disclaimed.
In accordance with the DMCA, the Counter-Notice must include the following:
- Your name, address, phone number, and physical or electronic signature.
- Identification of the allegedly infringing content and its location before removal or access to it was disabled.
- A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located, and that you will accept service of process from the person who originally provided us with the DMCA Notice or an agent of such person.
We will not respond to counter notifications that do not meet these requirements.
After we receive your Counter Notice, we will forward it to the party who submitted the original DMCA Notice and inform them that the removed material may be restored after 10 business days but no later than 14 business days from the date we received your Counter Notice. This is unless our Designated Agent first receives notice from the party who filed the original DMCA Notice informing us that they have filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please be aware that when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant or to law enforcement or parties that assist us with enforcing and protecting our rights.458 Lombard St, San Francisco, CA 94133