CopyrightWhere 'right is might.
Last Updated: April 25, 2020.
At Elporia, we take our role in bringing makers and creators together with their customers, supporters and fans very seriously. Since copyright, along with fair use, underpins everything we do, we make every attempt to honor and respect the Intellectual Property (IP) rights of others and we request that our visitors and users do so too.
Therefore, we have a legal duty and responsibility to prohibit all manner of infringement, deliberate or inadvertent, in accordance with the Digital Millennium Copyright Act (DMCA).
Except where indicated, any content made available on the Elporia Network is licensed under a Creative Commons License permitting non-commercial sharing with attribution.
This means that you may link to and otherwise share any content we create, but if you do, you need to give us credit. See our Attribution Policy for what criteria we use when citing a source.
You may not use any of our content in any commercial capacity without our express written permission. Our content is meant to be shared by individuals, not fat cats and corporations.
However, if you have an idea for how we might collaborate or work together, drop us a line. Who knows we may be interested in allowing you to licence our content.
Once we receive proper notification of copyright infringement, we will respond quickly by removing, or disabling access to, any material that is claimed to be, or may be the subject of, infringing activity.
Sending a Notice
If you believe one of your works has been unfairly copied or used in a way that violates your IP rights, and this content has been posted on one of our websites, please send our designated DMCA Agent a notification of claimed copyright infringement.
To properly assess your claim, we require the following information:
(i) Legal name and contact details of the notifier, including email and street addresses, telephone number and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or failing that; for Elporia, Inc. and/or one of its brands, the United States District Court Northern District of Florida would have primary jurisdiction; for Elporia, CA and/or one of its brands, either Federal Court or the Superior Court of Justice, Central West Region would have shared jurisdiction; for Elporia, GR the Supreme Civil and Criminal Court of Greece would have primary jurisdiction.
(ii) A physical signature of the copyright owner or a person who is authorized to deal with the copyright dispute. With prior written agreement, we will accept scanned documents and an electronic signature via email;
(iii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notice, a representative list of such works together with sufficient detail – description + URL – so our staff at Elporia is able to find and verify its/their existence; and
(iv) A statement made under penalty of perjury that the details listed in the notification are correct and the notifying party is authorized to make the complaint on behalf of the copyright owner/agent, or under the law.
Once proper notification is received by the Designated DMCA Agent, Elporia will take appropriate steps to remove or disable access to the infringing content. We will also make reasonable attempts to notify the alleged infringer that the content they have uploaded to the site is subject to a DMCA takedown notice.
When removing content from one of our websites, we will provide the user with a copy of the notice and the notifying party’s contact information; together with the reasons why the content is under dispute. After all of the proper notifications have been made, the disputed content will be removed as quickly as possible.
Since we also take privacy very seriously, we will not give out user details unless served with a court order that legally binds us to do so.
Mitigating circumstances notwithstanding, repeat copyright infringers will have their accounts terminated.
Receiving a Notice
If you receive a DMCA takedown notice, you have three options:
1. Accept the DMCA takedown notice — if that is your decision, notify us immediately and the material being contested will be removed permanently from the Elporia platform.
2. Seek legal advice to determine if the claim(s) being made are valid — in the event there is any uncertainty regarding the legal merits of the DMCA claim, notify us immediately and the contested content will remain unavailable to the public until further notice.
3. File a counter-notification — if you want to challenge a takedown notice, you will need to file a DMCA counter-claim. The copyrighted material under dispute will be removed/disabled until such time as you provide us with proof that the dispute has been resolved in your favor.
Filing a Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error or that the content posted on the website in question does not infringe any IP rights, you are entitled to make a counter-claim, pursuant to Sections 512(g)(2) and (3) of the DMCA.
All DMCA notices must be submitted to us in writing. In order to expedite the turnaround time, and unless instructed otherwise, all notices from us to you will be sent to the email address associated with the claim.
To be effective, your copyright infringement counter-claim must include:
(a) A physical or electronic signature of the person making the counter-claim;
(b) A formal statement under penalty of perjury that explains why you think the infringing content should be reinstated; and
(c) Identification of the disputed content and the location (URL) where the material appeared before it was removed.
Please note, this process is not to be taken lightly. Before making a counter-claim:
Details provided in the DMCA takedown notice can be used to contact the claimant in order to try and resolve the dispute before making a counter-claim.
If you are unable to determine in what way the material(s) you posted online may be infringing someone else’s IP rights, please seek the advice of a qualified attorney before contacting Elporia. Making a false claim or materially misrepresenting that content is not infringing when in fact it is, could make you liable for damages (costs and attorneys’ fees) should the dispute end up in court.
After the receipt of a counter-claim, our Designated DMCA Agent will send a copy of the notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the alleged infringer — at the discretion of Elporia — the contested content may be placed back online and access to the public will be restored within in 10 to 14 business days.
Please note: a failure to include all of the requested information may result in the following delays:
Processing of the claim,
Notification to the affected parties, and
Takedown and removal of disputed materials.
The Designated DMCA Agent for the Elporia, and related brands, is:
He can be reached via email at:
< elporia at elporia dot net >
The postal address where you send written information:
Designated DMCA Agent
2315 Jim Lee Road
Tallahassee, FL 32301
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(1) 850 848 2198
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