YOU SHALL NOT USE THE SITE OR ITS SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. In accordance with the Digital Millennium Copyright Act (DMCA), Fanzter, Inc. has adopted and implemented a policy, stated below, that provides for: 1) the termination in appropriate circumstances of Members who infringe or are believed to be infringing the rights of copyright holders, 2) the removal of content that we believe in good faith to be copyrighted material that has been illegally copied and distributed, and 3) allow for submitters of challenged material to make a counter-notice to the Designated Copyright Agent of Fanzter, Inc.

Notice and Procedure For Making Claim of Potential Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide Fanzter, Inc.’s Copyright Agent listed below with the following information required under 17 U.S.C. 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description and identification of the copyright work(s) claimed to have been infringed;
• Identification of 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 enough information to permit Fanzter, Inc. to locate the material on the Site;
• Your address, telephone number and email address;
• A statement, made under penalty of perjury, that the complaining party, 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; and
• A statement, made under penalty of perjury, 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.
• Fanzter’s Copyright Agent for notice of claims of copyright infringement on any Fanzter, Inc site (including, but not limited to, Coolspotters.com) can be reached as follows:
  
  Copyright Agent
  c/o Fanzter, Inc.
  75 Crown Street, 2nd Floor
  Box 348
  Collinsville, CT 06022
  
  Upon receipt of notice as described above, Fanzter, Inc. will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination or suspension of the Member’s account.

Procedure to Supply Counter-Notification Regarding Claim of Infringement

If the user or member believes that the material that was removed or to which access was disabled is either: 1) not infringing, or 2) the user believes that it has the right to post and use such material from the copyright owner or the copyright owner’s agent, the user must send a counter-notification containing the following information to the Designated Copyright Agent listed below:

• A physical or electronic signature of the user;
• 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 disabled;
• A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• User’s name, address, telephone number, and, if available, e-mail address; and
• A statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Fanzter, Inc. is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Copyright Agent, Fanzter, Inc. may send a copy of the counter-notice to the party originally claiming infringement informing that person that Fanzter, Inc. may replace the removed material or cease disabling it in 10-14 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10-14 business days after receipt of the counter-notice, at Fanzter’s full discretion.

Designated Copyright Agent for Making a Counter-Notice:

Copyright Agent
c/o Fanzter, Inc.
75 Crown Street, 2nd Floor
Box 348
Collinsville, CT 06022