Copyright and Intellectual Property Policy
Delphi Glass Corporation ("DelphiGlass") has adopted the following policy regarding copyright and intellectual property infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). DelphiGlass's Designated Agent's address to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
DelphiGlass will respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If DelphiGlass removes or disables access in response to such a notice, DelphiGlass will make a good-faith attempt to contact the user so that they may make a counter notification.
Procedure for Reporting Copyright or Intellectual Property Infringements:
If you believe that material residing on or accessible through the DelphiGlass web site or service infringes a copyright or other intellectual property right, you must send a written notice of the infringement to the Designated Agent listed below. The notice must include the following information:
- Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that DelphiGlass is capable of finding and verifying its existence (for listings, please provide item numbers);
- Contact information including the name of the intellectual property owner, the name and title of the person contacting DelphiGlass on the owner's behalf, the address, telephone number and if available e-mail address;
- A statement of good faith belief that use of the material is not authorized by the intellectual property or copyright owner, its agent, or the law;
- A signed statement (sent by mail or fax) made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, DelphiGlass will inform the Seller of the reason for the removal and may provide the Seller with a copy of the notice and the notifying party's contact information.
Once Infringement Notification is Received by the Designated Agent, it is DelphiGlass's policy to:
- Remove or disable access to the material infringing upon the intellectual property;
- Notify the user that DelphiGlass has removed or disabled access to the material;
- Terminate repeat offenders access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If you believe that the material that was removed or to which access was disabled is either not infringing upon an intellectual property right, or you believe that you have obtained the permission to post such material from the intellectual property owner, the intellectual property owner's agent, or pursuant to the law, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The notice must contain the following information to the Designated Agent listed below.
- 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 disabled;
- A signed statement (sent by mail or fax), under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number, and, if available e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if your address is located outside the United States, for any judicial district in which DelphiGlass is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, DelphiGlass may send a copy of the counter-notice to the original complaining party informing that person that DelphiGlass may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at DelphiGlass's discretion.
Please contact DelphiGlass's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Delphi Glass Corporation
3380 E. Jolly Rd.
Lansing, MI 48910
E-mail:
[email protected]