DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") AND TRADEMARK POLICY

 
DMCA POLICY

It is the policy of the Orofino Law Group (“OLG”) to comply in full with the requirements of the Digital Millennium Copyright Act of 1998 ("DMCA"). Accordingly, if any Product, or Promotion (collectively the "Client Material") violates a valid copyright, OLG may remove or disable access to such Client Material upon receipt of a valid, complete DMCA complaint (a written notification called a "Takedown Notice").

Submitting a Takedown Notice:

Per the DMCA, if you believe that a valid copyright in which you have ownership rights is being infringed, OLG is authorized to remove or disable access to Client Material only if you provide a Takedown Notice to OLG 's designated Copyright Agent which includes all of the following:

   1. The words "DMCA COMPLAINT - TAKEDOWN NOTICE" at the top of your communication;
   2. A reasonably detailed description of the copyrighted work(s) or other intellectual property(s) you claim has/have been infringed;
   3. Identification of the specific Client Material that you believe infringes upon your rights and sufficient information to enable OLG to locate the specific Client Material. The DMCA only authorizes OLG to remove or disable access to specific infringing Client Materials. We are not authorized to generally disable access to non-infringing Client Materials;
   4. The following statements or equivalent:
         1. "I swear, under penalty of perjury, that

(i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

   5. Your company name (if any), your legal name (printed), your mailing address, and your phone number, and, if available, an electronic email address; and
   6. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.

To file a DMCA complaint with OLG, you must send a hardcopy communication via certified-mail to OLG’s designated representative ("Copyright Agent") at the following address or email address:

The Orofino Law Group

1521 Alton Road, Suite 256

Miami Beach, FL 33139

Note: the submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject you to potential liabilities. Prior to filing a Takedown Notice you may wish to first consult with an attorney.

Upon OLG’s receipt of a valid, complete Takedown Notice, OLG shall (i) remove or disable access to the specific allegedly infringing Client Material identified in the Takedown Notice, and (ii) take reasonable steps to contact the Vendor or Affiliate providing such Client Material.

General:

Nothing contained herein shall restrict OLG’s ability or right to remove or disable access to any Client Material which OLG independently discovers and which, in OLG’s sole discretion, violates or infringes any right of any third party, including, without limitation, any IP Right.

Details of the DMCA are available at US Copyright Office Web Site: www.copyright.gov

TRADEMARK POLICY

You agree that, in the event OLG receives a written demand, such as a "Cease and Desist" letter ("Demand") alleging that any Product ("Client Material") infringes upon, dilutes, tarnishes or otherwise violates its trademark rights, OLG may in its sole discretion, remove or disable access to such Client Material until OLG receives either:

   1. Written confirmation from the party sending such Demand that the Demand is withdrawn or has been resolved, or
   2. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by OLG in its sole discretion and which OLG may reject for any reason without penalty or liability to you. In order for OLG to accept such rebuttal, you expressly acknowledge and agree that such rebuttal shall include:
         1. The information set forth above for a valid Counter-Notice, except such information shall relate to the trademark at issue and not disputed copyrighted material; and
         2. An express, irrevocable and binding obligation pursuant to which you shall indemnify, defend and hold harmless OLG from any damages, costs, or expenses that OLG may incur, in any manner whatsoever, arising out of or in connection with the disputed Client Materials and/or OLG’s restoration thereof.

As a condition of registration with orofinogroup.com, you acknowledge and agree that:

   1. OLG is not under any obligation to restore access to any Client Material even if you provide a rebuttal and that the determination of sufficiency of any` evidence provided in a rebuttal shall be at OLG’s sole discretion;
   2. You expressly waive and disclaim any claim or potential claim against OLG related to or arising out of OLG's removal of or disabling of access to any Client Material in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses. and,
   3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon OLG any of the obligations imposed under the DMCA with regard to response times or the like.

Note to OLG Clients.

This DMCA and Trademark Policy is part of, and incorporated within, the OLG Client Contract. As a condition of registering with OLG and using the OLG Services, you expressly acknowledge that you have read and understood this DMCA and Trademark Policy and you agreed to be bound by the terms and conditions contained within. If at any time you disagree with this DMCA and Trademark Policy or any part of it, your sole remedy is to cease all use of the OLG Services and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this DMCA and Trademark Policy.