DMCA Report

A. Procedure for reporting intellectual property infringement:

BatLuaZippoUSA operates under the policy to promptly address any potential infringement of intellectual property rights. This includes (1) taking action to block or remove any content, such as text, graphics, or photos, that is believed in good faith to violate third-party intellectual property rights upon receipt of a valid notice; and (2) discontinuing service to users who repeatedly infringe upon such rights.

If you believe that content accessible through the BatLuaZippoUSA Service constitutes copyright infringement or violates your intellectual property rights, please submit a notice of infringement to the designated agent listed below, including the following details:

  1. Identification of the copyrighted work or intellectual property allegedly infringed, along with any applicable registration number(s).
  2. Description of the allegedly infringing content, explaining how it violates the identified intellectual property, and providing specific location details within the BatLuaZippoUSA Service.
  3. Your contact information, comprising your full name, mailing address, telephone number, and email address.
  4. A statement affirming your good faith belief that the disputed use is unauthorized by the copyright holder, its agents, or the law.
  5. A statement, under penalty of perjury, confirming the accuracy of the information provided and asserting your rights as the holder or authorized representative.
  6. An electronic or physical signature of the authorized person acting on behalf of the rights holder.

B. Once proper bona fide infringement notification is received by the designated agent:

It is BatLuaZippoUSA policy:

1. To take down or disable access to the allegedly infringing Content;

2. To inform the member whose content has been taken down or disabled;

3. To inform repeat offenders that their access to the Service will be terminated and that BatLuaZippoUSA will remove the allegedly infringing Content from the Service.

C. Procedure to supply a counter-notice to the designated agent:

If a user receives notification that their content has been removed or access to it disabled, they have the opportunity to dispute this action. They can do so by sending a counter-notice to the Designated Agent, providing the following information:

  1. Details identifying the content that was removed or disabled, along with where it was located on the BatLuaZippoUSA Service before removal or disabling.
  2. A statement made under penalty of perjury, asserting a genuine belief that the content was removed or blocked due to a mistake or misidentification.
  3. Contact information, including full name, mailing address, telephone number, and email address.
  4. Consent to the jurisdiction of the Federal Court where the user resides, or, if outside the USA, the jurisdiction where BatLuaZippoUSA operates, agreeing to accept service of process from the notifying party.
  5. An electronic or physical signature.

Upon receipt of a counter-notice, BatLuaZippoUSA may notify the original complainant, indicating that the removed content may be replaced or access restored within 10 business days. Unless the rights owner seeks a court order, this replacement or restoration may occur within 10 to 14 business days or longer, at BatLuaZippoUSA‘s discretion.

It’s important to understand that knowingly misrepresenting content or activity as infringing under Section 512(f) of the DMCA can lead to liability for damages, including attorney’s fees.