Notice of Claimed Infringement
Purple People, LLC respects the intellectual property of others, and it is our policy to respond to clear notices of alleged copyright infringement. We observe and comply with the United States' Digital Millennium Copyright Act (hereinafter "DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Purple People, LLC’s Agent, listed below, with the following information:
1) a copy of the copyrighted work or other intellectual property and proof of ownership of the work that you believe has been infringed upon, for example, the proof of registration of the image under the DMCA;
2) sufficient detail of where the material that you claim is infringing is located on TrystDirectory.com, for example, the exact URL for the page containing the material;
3) sufficient information where Purple People, LLC may contact you, for example, your address, telephone number, and/or email address;
4) a statement which states that you have a good faith belief that the use of the copyrighted material listed above is not authorized by the copyright owner, its agent, or the law;
5) the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6) Evidence to support ownership in the copyright in the image, for example, a signature, electronic or physical, from a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/.
You may send or fax your Notice of Claimed Infringement to Purple People, LLC’s designated agent ("Designated Agent"):
Robert L. Powley, Esq.
Powley & Gibson, P.C.
304 Hudson Street, 2nd Floor
New York, New York, 10013
Fax: 212-226-5085
Please do not send other inquires or information to our Designated Agent.
Please note that you will be liable for damages (which may include costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights or other intellectual property rights.
Notification and Take Down Procedures
Purple People, LLC implements the following "notification and takedown" procedure upon receipt of any notification of claimed copyright and/or any other intellectual property infringement. Purple People, LLC reserves the right at any time to disable access to, or remove any material or activity accessible on or from the Website or any Content claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the policy of Purple People, LLC to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act ("DMCA"). We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the DMCA.
The Purple People, LLCDMCA Notice Procedures are set forth in the preceding paragraph. When the Designated Agent receives a valid notice, the Purple People, LLC will expeditiously remove and/or disable access to the infringing material and shall notify the posting Member. Then, the posting Member may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. Purple People, LLC reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in Section 5.12 above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against Purple People, LLC relating to the Content.
To submit a counter-notification, please provide our Designated Agent the following information:
A. A specific description of the material that was removed or disabled pursuant to the Notice.
B. A description of where the material was located within the Site or the Content before such material was removed and/or disabled. Please provide the specific URL if possible.
C. A statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
"I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."
D. The Recipient's physical address, telephone number, and email address. Written notification containing the above information must be signed and sent to:
You may send or fax your Counter Notification the Designated Agent at the following address:
Robert L. Powley, Esq.
Powley & Gibson, P.C.
304 Hudson Street, 2nd Floor
New York, New York, 10013
Fax: 212-226-5085
Please do not send other inquires or information to our Designated Agent.
After receiving a DMCA-compliant counter-notification, Our Designated Agent will forward it to Purple People, LLC and we will then provide the counter-notification to the entity who first provided the Notice concerning material in the Recipient's Content. The alleged infringing Content will not be re-Posted to the Website by Purple People, LLC until and unless both Purple People LLC receives confirmation, signed by both parties, that the dispute has been resolved and the Content is no longer objectionable.









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