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DMCA Policy

DMCA Policy

Gem State respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Gem State will respond expeditiously to claims of copyright infringement committed using the Gem State service and/or any Gem State website (the "Site") if such claims are reported to Gem State's Designated Copyright Agent identified below.

This policy outlines the procedures for filing a notice of alleged copyright infringement ("DMCA Notice") and for filing a counter-notification if your content has been removed due to a DMCA Notice.

Filing a Notice of Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice and delivering it to Gem State's Designated Copyright Agent. Upon receipt of a valid DMCA Notice, Gem State will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

Please provide the following information in your DMCA Notice:

  1. 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.
  2. 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 information reasonably sufficient to permit Gem State to locate the material.
  3. Information reasonably sufficient to permit Gem State to contact you, such as an address, telephone number, and, if available, an electronic mail address.
  4. A statement that you have 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.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. Your physical or electronic signature.

Counter-Notification Procedures

If you believe that your content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notification containing the following information to Gem State's Designated Copyright Agent:

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you consent to the jurisdiction of the federal court in [Specify the Federal Judicial District where Gem State is located or operates, e.g., "the District of Idaho"] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • Your physical or electronic signature.

If a counter-notification is received by Gem State's Designated Copyright Agent, Gem State may send a copy of the counter-notification to the original complaining party informing that person that Gem State may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at Gem State's sole discretion.

For further assistance or to submit a DMCA Notice or Counter-Notification, please use our contact page.