DMCA

DMCA Notice & Takedown Policy

JWS Americas S.A.R.L. operates BestModels.com along with all associated and white label domains (“Sites”) and qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following DMCA Notice and Takedown Policy relating to claims of copyright infringement by our users.

How to Submit a Notice of Claimed Infringement

If you believe that your work has been copied and published on the Sites in a way that infringes on your copyrights, please provide our Designated Agent (identified below) with the following information:

1. An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you claim has been infringed; or if multiple works, a representative list of such works;
3. A description of the location of the material that you claim is infringing is located on the Sites (preferably including specific URLs associated with the material);
4. The address, telephone number, and email address of the copyright owner or the authorized agent;
5. A statement by the person sending the notice has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

   For convenience, the following language may be used:

   “ Under penalty or perjury, I attest that the information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the rights being infringed by the material(s) listed above. ”

You may send your notice of claimed infringement(s) (“DMCA Notice”) to our Designated Agent:

Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750-4104
Fax: (407)-774-6151
Email: dmca@jwsamericas.com

Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Further information regarding notification and takedown requirements can be found in the DMCA, here: https://www.law.cornell.edu/uscode/text/17/512

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or counter-notification, can result in legal liability for damages, court costs, and attorneys’ fees under federal law. See 17 U.S.C. § 512(f). These DMCA Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and/or their agents – not to any other kind of abuse, infringement, or legal claim. We will investigate and take action against anyone abusing the DMCA Notice and Takedown Procedures or counter-notification procedure. Please ensure that you meet all legal qualifications before submitting a DMCA Notice to our Designated Agent.

How We Respond to Take Down Notices

The following DMCA Notice and Takedown Procedures apply upon receipt of any proper notification of claimed copyright infringement. We reserve the right at any time to disable access to or remove any material or activity accessible on the Sites that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances.

If the Notice does not comply with § 512 of the DMCA but does comply with three notification elements according to § 512 of the DMCA, we will attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements.

When the Designated Agent receives a valid DMCA Notice, we will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent.

How to Submit a Counter-Notification

If a user is affected by a removal due to a DMCA Notice and believes that the allegedly infringing material has been removed as a result of mistake or misidentification, the user is permitted to submit a counter-notification pursuant to § 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for a user to dispute the removal or disabling of material pursuant to a DMCA Notice. The information that a user provides in a counter-notification must be accurate and truthful, and the user will be liable for any misrepresentations which may cause any claims to be brought against us relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide our Designated Agent the following information:

1. A physical or electronic signature of the user;
A specific description of the material that was removed or disabled pursuant to the DMCA Notice;
2. A description of where the material was located on one of the Sites before such material was removed and/or disabled (preferably including specific URLs associated with the material);
3. A statement reflecting the user’s belief that the removal or disabling of the material was done erroneously. For convenience, the following language 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. ”

4. The user’s physical address, telephone number, and email address; and,
5. A statement that the user consents to the jurisdiction of the federal district court in and for the judicial district where the user is located, or if the user is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided the DMCA Notice, or that person’s agent.

Written counter-notification containing the above information must be sent to the Designated Agent:

Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750-4104
Fax: (407)-774-6151
Email: dmca@jwsamericas.com

Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

After receiving a DMCA counter-notification, our Designated Agent will forward it to The Sites, and The Sites will then provide any counter-notification to the claimant who first sent the original DMCA Notice identifying the allegedly infringing content.

Thereafter, within ten to fourteen (10-14) business days of our receipt of a counter-notification, we will replace or cease disabling access to the disputed material provided that we or our Designated Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

The Sites engages in a good faith effort to identify customers or account holders who may be engaging in repeated copyright infringement according to the procedure set forth in 17 U.S. C. § 512 of the DMCA.

Any user that engages in repeat infringement shall be subject to having any and all accounts known to belong to the repeat infringer terminated and all content uploaded by the user deleted.

Modifications

The Sites reserves the right to modify, alter, or add to this policy, and all affected persons should regularly check back to stay current on any such changes.

Customer Service Requests

Please note that the Designated Agent is an attorney with a private law firm and is not associated with us in any other capacity. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to our customer service department.

© Walters Law Group (2024). All rights reserved.