Copyright Policy
1. A Plus Benefits (the “Company”) respects the rights of copyright holders and has adopted the following Copyright Policy (“Policy”) that describes the general practice of the Company with regard to copyrighted material and information submitted by users/subscribers of the Company’s website(s) and/or other third party information content providers, including authors of content on the Company’s blog(s) (“Third Parties”). This Policy does not create or establish any right that is not otherwise independently provided by law.
2. No Third Party shall submit to the Company for hosting, storage, publication, or other use on the Company’s website(s) or blog(s) any material, or link or reference to any material, that is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and/or without other legal justification or permission for use of or reference to such material.
3. While the Company reserves the right to monitor and remove content on its website(s) submitted by Third Parties, the Company does not independently monitor or investigate whether such Third Party content, including links or references contained therein, infringes valid and existing copyrights, trademarks, or other proprietary rights. The responsibility for ensuring that such content does not infringe any copyright, trademark, or other proprietary right rests solely with the Third Party submitting such information to the Company.
4. Upon notification to the Company that the Third Party may have violated any provision of this Policy, the Company reserves the right to terminate any and all existing contracts and agreements with the Third Party that relate to the submission of material to the Company or the hosting and storage of such material by the Company. Without limiting the foregoing, it is the practice of the Company to follow the following procedures upon notification of the submission of material by a Third Party that infringes any copyrights, trademarks, or other proprietary rights:
(a) Upon proper notification of claimed infringing material or activity, pursuant to 17 U.S.C. § 512(c)(3), the Company shall act expeditiously to remove, or disable access to, the material and/or link or reference to material that is claimed to be infringing or to be the subject of infringing activity.
(b) Following the receipt of notice under subsection (a) hereof, the Company may in its sole discretion notify the Third Party alleged to have infringed such material of the nature of such claim.
(c) Upon obtaining actual knowledge or awareness of infringing material or link to infringing material submitted by a Third Party, the Company shall act expeditiously to remove, or disable access to, such material and/or link or reference to such material, including directing the Third Party to remove such material if that Third Party has control over such material.
5. If any Third Party receives a notification (whether or not such notification complies with the requirements of 17 U.S.C. § 512(c)(3)) that any material submitted by the Third Party to the Company infringes the copyright(s), trademark(s), or other proprietary right(s) of any other party, that Third Party shall immediately provide notice to the designated Copyright Agent of the Company, specified herein, of the nature of such notification, and shall immediately forward a copy of such notification if in physical form.
6. The Company has designated a Copyright Agent to receive notifications of claimed infringement as provided by the Digital Millennium Copyright Act, 17 U.S.C. § 512. For copyright inquiries and notifications, please contact:
Jacob Lunt
1940 S. Bonito Way, Suite 140
Meridian, ID 83642
Telephone: 208.639.5220
Email: jlunt@aplusbenefits.com
7. If you are a copyright holder or representative thereof and believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information required by 17 U.S.C. § 512(c)(3):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of 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;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, or the link or reference to such material, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Compay to locate the material;
(d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, or email address;
(e) A statement 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
(f) 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.
8. The Company shall have the right at any time to change or modify the terms and conditions applicable to this Policy, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Company’s website(s) (including this page containing the Policy), or by electronic or conventional mail. No changes or modifications of this Policy shall create or establish any right that is not otherwise independently provided by law.
(276584.6)
