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Allegations of copyright or trademark violations and/or patent infringement are taken
very seriously by vWorker.com. To fully address all
such complaints and counter-complaints, our parent company (Exhedra Solutions, Inc.) has a
company agent registered with the
United States Copyright Office. Below is full
information on how to file either a
copyright/patent infringement complaint or a counter-complaint, as well as additional general related policy information.
Disclaimer: although we go to great lengths to make
sure our legal information is accurate and useful, it is NOT intended as a
substitute for the advice of your own competent legal counsel.
Copyright/Trademark Complaints
How do I
file a copyright/trademark/patent infringement complaint?
What happens after I file a copyright/trademark/patent infringement complaint?
What
happens if the other party files a counter-complaint?
Can I find out the identity of the other person/company I'm complaining about?
Copyright Counter Complaints
How do
I file a copyright/trademark/patent infringement counter-complaint?
What happens
after I file a copyright/trademark/patent infringement counter-complaint?
General
What
about repeat copyright/trademark/patent infringement offenders?
How do I file a copyright/trademark/patent infringement complaint?:
To file a copyright/trademark/patent infringement complaint, please fax or mail us a statement
that contains all of the below items. Please DO NOT email us this
information as this is a legal document and it must be received in written
format. We also ask that you please send ALL the information below, as omitting
information will delay your processing.
- Your name, address, email address,
phone # and fax #(if any).
- The following statement:
- (For copyright/trademark infringement): "I swear, under penalty of
perjury, that the information in this notification of copyright/trademark infringement is accurate
and that I am the copyright/trademark owner (or am authorized to act on behalf of the
owner) of an exclusive right that is being infringed. I have a good
faith belief that use of the copyrighted/trademarked materials which I have described fully in the
information below is not authorized by the copyright/trademark owner, any of its agents, and the
law."
- (For patent infringement): "I swear, under penalty of
perjury, that the information in this notification of patent infringement is accurate
and that I am the patent holder (or am authorized to act on behalf of the
patent holder) of a patent that is being infringed. I have a good
faith belief that use of the materials which I have described fully in the
information below is not authorized by the patent holder, any of its agents, and the
law."
- The URLs of the infringing materials
- Any additional information required to
identify the copyrighted works.
- Your signature.
Then mail or fax it to:
Attn:DMCA Copyright Complaint
14310 North Dale Mabry Hwy
Suite #280
Tampa, FL 33618
USAFax: (813) 960-1495
What happens after I
file a copyright/trademark/patent infringement complaint?
Once the entire information required above is received, Exhedra
will remove the content in question, as detailed in the DMCA. We will then attempt to
contact the poster/owner of the content in question that the material has been
removed (per DMCA section 512.g.2) to allow them to exercise their rights to
file a counter-complaint.
What
happens if the other party files a counter-complaint?
To prevent a party from abusing the complaint process, the DMCA law
contains provisions for counter-complaints which Exhedra fully abides by.
If the other party sends us the complete information for a counter-complaint as
specified below (which includes a statement under perjury that your original
complaint is invalid), you have the right to initiate a lawsuit against them in
district court. Should you decide not to do so within 14 days, the
copyright law states that we must restore the original content (per DMCA section
512.g.2.C). If you do initiate a lawsuit against them, then we will abide by the
court's final decision. As always, you should consult competent legal counsel
before pursuing this or any legal action.
Can I find out the identity of the other person/company I'm complaining about?
Exhedra's privacy policy does not allow us to disclose the identity of
site users, unless directed so by court-order or
the law. As such, the safe harbor provisions of the DMCA permit you as a
copyright owner or patent holder, to subpoena the identity of the individual allegedly responsible
for the infringing activities (under section 512.h). Such a subpoena is
granted on the condition that the information about the individual's identity
will only be used in relation to the protection of the intellectual property
rights of the copyright owner or patent holder. If a court issues such a subpoena we will
release the information for the purpose above. As always,
you should consult competent legal counsel before
pursuing this or any other legal action against the other party.
How do I file a copyright/trademark/patent infringement
counter-complaint?
To prevent a
party from abusing the complaint process, the DMCA law contains provisions for
counter-complaints which Exhedra fully abides by. However, filing a
counter-complaint has potentially enormous legal ramifications for you, and you
should consult competent legal counsel before pursuing this or any other legal
action against the other party.
To file a counter complaint,
please fax or mail us a statement that contains all of the below items.
Please DO NOT email us this information as this is a legal document and it must
be received in written format. We also ask that you please send ALL the
information below, as omitting information will delay your processing.
- Your name, address, email address,
phone #, fax # (if any).
- The following statement:
"I swear, under penalty of
perjury, that I have a good faith belief that each item identified below was
removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled. I consent to the jurisdiction of
Federal District Court for the judicial district in which my address is
located (or Hillsborough County, Florida if my address is outside of the
United States), and that I will accept service of process from the person who
provided notification under subsection (c)(1)(C) or an agent of such person."
- The URLs of the materials that were disabled
or removed.
- Any additional information required to
identify the original copyrighted works.
- Your signature.
Then mail or fax it to:
Attn:DMCA Copyright Counter Complaint
14310 North Dale Mabry Hwy
Suite #280
Tampa, FL 33618
USAFax: (813) 960-1495
What happens
after I file a copyright/trademark/patent infringement counter-complaint?
If the copyright/trademark/patent owner does not bring a lawsuit in district
court against you with 14 days, we will restore the removed information, per
DMCA section 512.g.2.c. Should the copyright/trademark/patent owner bring a lawsuit against
you, we will abide by the court's decision.
What about repeat copyright/patent infringement
offenders?
Individuals who repeatedly infringe on copyrighted/patented material will have their accounts closed on this and all Exhedra sites.
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