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Copyright Policy
 

This Copyright Policy outlines the procedures for addressing claims of copyright infringement on SmilinJoJo.com.  The Website hosts third-party content, including comedy sketches and podcast clips, and is committed to complying with the Digital Millennium Copyright Act (DMCA), 17 USCS § 512, to protect the rights of copyright owners while maintaining a fair and transparent process for users.

Designated DMCA Agent.                   In accordance with the DMCA, the Website has designated an agent to receive notifications of claimed copyright infringement. The contact information for the Designated Agent is as follows:

DMCA Agent:  Ashley Brooks

Email: ABrooks@RothJackson.com                 

Mailing Address: 1519 Summit Avenue, Richmond Virginia 23230

Phone Number: 804.441.8443

This information is also publicly accessible on the Website and registered with the U.S. Copyright Office.

Notification of Claimed Infringement.            If you believe that your copyrighted work has been infringed upon, you may submit a written notification to our Designated Agent. To be effective, the notification must include the following elements as required by 17 USCS § 512:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

  • Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved.

  • Identification of the material that is claimed to be infringing, including its location on the Website, with sufficient detail to enable us to locate it.

  • Contact information for the complaining party, such as an address, telephone number, and email address.

  • A statement that the complaining party has a good faith belief that the use of the material 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 copyright owner.

Takedown Procedure. Upon receipt of a valid DMCA takedown notice, the Website will promptly remove or disable access to the allegedly infringing material and notify the user who uploaded the material of the takedown and provide them with a copy of the notice.

Counter-Notification Procedure.         If you believe that your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our Designated Agent. To be effective, the counter-notification must include:

  • A physical or electronic signature of the user.

  • Identification of the material that was removed or disabled and its location before removal.

  • A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled due to mistake or misidentification.

  • The user’s name, address, and telephone number, and a statement consenting to the jurisdiction of the federal court in the user’s district or, if outside the United States, the jurisdiction of any federal court in the Commonwealth of Virginia.

Upon receipt of a valid counter-notification, we will:

  • Notify the original complaining party of the counter-notification.

  • Restore the removed material within 10 to 14 business days unless the complaining party provides notice that they have filed a lawsuit seeking a court order to restrain the user from engaging in infringing activity. 

Repeat Infringer Policy.           The Website has adopted and reasonably implemented a policy to terminate, in appropriate circumstances, Users who are repeat infringers. This policy complies with 17 U.S.C. § 512(i) and includes a "three-strikes" rule, where users who receive three valid takedown notices may have their accounts terminated if applicable.

Misrepresentation and Penalties.        Any person who knowingly misrepresents that material is infringing or that material was removed by mistake or misidentification may be liable for damages, including costs and attorney’s fees.

Additional Information.           We reserve the right to modify this Copyright Policy at any time. You are encouraged to review this policy periodically to stay informed of any updates. For further questions or concerns regarding this policy, please contact our Designated Agent.

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