ZMX Music DMCA Policy
Procedure for Submitting a Copyright Infringement Claim
ZMX Music ("ZMX") is registered under the Digital Millennium Copyright Act of 1998 ("DMCA"). See 17 U.S.C. § 512. Under the DMCA, copyright owners have the right to notify ZMX if they believe that a poster to the ZMX web site has infringed the copyright owner's work(s). If you believe that a ZMX web site poster has copied your work in a way that constitutes copyright infringement, you may file a Notification of Claimed Infringement with our designated DMCA agent. The DMCA provides the following procedure for parties who wish to file a Notification of Claimed Infringement with ZMX.
To serve a Notification of Claimed Infringement on ZMX or any affiliated entities, send your Notification to:
Designated Agent: Eric Ziering
By Mail: ZMX Music, 16 Kingman Road, Newton, MA 02461
By Telephone: 617-694-1355
By E-mail: email@example.com
To be effective under the DMCA, the Notification of Claimed Infringement must be a written communication provided to ZMX's designated agent and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the infringing IP address, time, date and the time zone to permit ZMX to locate the material.
- Information reasonably sufficient to permit ZMX to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- 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 owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, ZMX will notify the customer of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on a ZMX domain. No personal, customer information is shared with the copyright owner unless required by law.
If ZMX receives more than one Notice of Copyright Infringement on the customer's part, the customer may be deemed a "repeat copyright infringer." ZMX reserves the right to terminate the accounts of "repeat copyright infringers."
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with ZMX's designated agent. To be effective, a Counter-Claim must be a written communication provided to ZMX's designated agent and must include the following information:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has 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.
- The subscriber's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or that person's agent.
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