Takedown Policy and Procedures
Here at Chest Out. Chin Up., LLC, we respect the intellectual property rights of others and understand how damaging and hurtful it can be when those rights are infringed. Accordingly, and pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), you may, as a potential a copyright owner or their agent, submit a takedown notice to us via our DMCA Agent listed below.
As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that includes the following information:
Notice of Infringement – Information Needed from You
- A physical or electronic signature of the copyright owner (or a person authorized to act on behalf of the copyright owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material that is to be removed, and information reasonably sufficient to permit the service provider to locate the material. (i.e. Please provide the URL of the page in question to assist us in identifying the infringing work);
- Information reasonably sufficient to permit the service provider to contact the complaining party, including your name, mailing address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner; and,
- 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 copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Please send your takedown notice to our DMCA Agent listed below. We recommend that you send a copy of your notice by both certified mail and email to insure it is received and acted upon promptly.
Counter-Notification – Restoration of Material
If you have received a notice from our Agent of material being takedown because of a copyright infringement claim, you may provide us with a counter-notification. Upon receipt of your response, we will determine whether or not to restore the material at issue to our site.
You must send your counter-notification in writing to the DMCA Agent listed above. Pursuant to 17 USC Section 512(g)(3), it must contain substantially the following elements:
- Your physical or electronic signature.
- 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 access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, (or if your address is outside of the United States, for any judicial district in which the service provider may be found), 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.
- Email your counter notice to our DMCA Agent: Northwest Registered Agent LLC at firstname.lastname@example.org, or send it to:
Northwest Registered Agent LLC
906 West 2nd Avenue STE 100
Spokane, Washington 99201
We recommend you email AND mail your notification via certified mail to make sure it is acted upon promptly.
Repeat Infringer Policy
Chest Out. Chin Up., LLC takes copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, Chest Out. Chin Up., LLC maintains a list of DMCA notices from its copyright holders with its registered DMCA Agent. The company makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.
Chest Out. Chin Up., LLC reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.