The Expert Infringement Policy
The Expert, Inc. (“The Expert,” “we,” “us,” or “our”) owns and operates The Expert website located at (the “Site”) and provides The Expert Marketplace available at www.theexpert.com/showroom (the “Marketplace”). This Infringement Policy applies to any images, products, text, music, graphics, trademarks, information, and other content and materials hosted, published or made available through the Site and/or the Marketplace (collectively, the “Content”).
If you are the owner any copyright, trademark, patent or other intellectual property right, or are authorized to act on behalf of one, or authorized to act under any exclusive right under any intellectual property rights, please report alleged claims of infringement with respect to Content as set forth in “Reporting Claims of Infringement” below.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf (the “DMCA”), The Expert will respond expeditiously to claims of copyright infringement arising from any Content that are reported to The Expert’s designated Copyright Agent, identified below. The Expert will also respond expeditiously to claims of infringement with respect to any trademark, patent and/or other intellectual property right in the same manner.
Upon receipt of the Infringement Notice (as defined below), The Expert will take whatever action, in its sole discretion, it deems appropriate, including removal of or disabling access to the challenged material on or in the Content.
REPORTING CLAIMS OF INFRINGEMENT
The written notice to report infringement (the “Infringement Notice”) must include substantially the following:
1. Your physical or electronic signature.
2. Identification of the copyrighted, trademarked, patented or other intellectual property work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
5. A statement that you have a good faith belief that use of the material is not authorized by the owner of the work, its agent or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the work.
Our designated Agent to receive Infringement Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Infringement Notice may not be effective under the DMCA.
Please be aware that if you knowingly materially misrepresent that any Content is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on or through the Site and/or Marketplace was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified below). The Counter-Notice must include substantially the following:
1. Your physical or electronic signature.
2. An 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 access disabled.
3. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the material may be found) and that you will accept service from the person (or an agent of that person) who provided The Expert with the complaint at issue.
Completed Counter-Notices should be sent to:
The DMCA allows us to restore the removed content if the party filing the original Infringement Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that any content and/or materials was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate access to the Site and/or Marketplace for users who repeatedly infringe or are repeatedly charged with infringing the copyrights and/or trademarks or other intellectual property rights of others. The foregoing is without limitation to any other rights or remedies The Expert may have at law or equity.
If you have any questions about this Infringement Policy, please contact us by email at: firstname.lastname@example.org.
Updated: June 6, 2022