SmoothJazzBoston.com COPYRIGHT INFRINGEMENT NOTIFICATION Last Updated August 28, 2016 SmoothJazzBoston.com respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, SmoothJazzBoston.com will respond expeditiously to claims of potential copyright infringement committed using any of the SmoothJazzBoston.com Service. If you are a copyright owner or authorized to act on behalf of an owner, please report potential copyright infringement by completing the following DMCA notice and delivering it to the SmoothJazzBoston.com Designated Copyright Agent. Upon receipt, SmoothJazzBoston.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the potentially infringing material and/or termination of the potential infringer’s account. Elements of Notification To file a Notification Please send an e-mail to copyright@SmoothJazzBoston.com (Subject: DMCA Notification), or letter to the address provided below with all of the following information: 1. Identify 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. 2. Identify 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 information reasonably sufficient to locate the material. Providing URLs in the body of an e-mail is the best way to help us locate content quickly. 3. Provide Information reasonably sufficient to permit us to contact you, the complaining party, such as an address, telephone number, and, if available, an e-mail address. 4. A statement that you, as the complaining party, or as one who has authorization to act on behalf of the copyright owner, 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 (e.g. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner or its agent”). 5. 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 (e.g. “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”). 6. Provide your full legal name and your electronic or physical signature. Such written notice should be sent to our designated agent as follows: SmoothJazzBoston.com Attn: DMCA Notification WJMX-DB Smooth Jazz Boston Global Radio 127 Rogers St Suite 2B Lowell MA 01852 Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. SmoothJazzBoston.com COPYRIGHT INFRINGEMENT COUNTER-NOTIFICATION The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. To file a counter-notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. We enforce a policy that provides for termination of users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyright of others, we suggest you contact an attorney. Elements of Counter-Notification To file a Counter-Notification, please send either an e-mail to copyright@SmoothJazzBoston.com (Subject: DMCA Counter-Notification), or letter to the address provided below with all of the following information: To expedite our ability to process your counter notification, please use the following format (including section numbers): 1. Identify the specific material that SmoothJazzBoston.com has removed or to which SmoothJazzBoston.com has disabled access. 2. Provide your full name, address, telephone number, and e-mail address, and the username of your User Account. 3. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or King County, Washington if your address is outside of the United States), 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. 4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” 5. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted. Such written notice should be sent to our designated agent as follows: SmoothJazzBoston.com Attn: DMCA Notification WJMX-DB Smooth Jazz Boston Global Radio 127 Rogers St Suite 2B Lowell MA 01852 What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material distributed via SmoothJazzBoston.com. If we receive such notification, we will be unable to restore the content until resolution of any court action. If we do not receive such notification, we may, in our sole discretion, reinstate the content.