DMCA Notice & Takedown Policy

We observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement concerning any content on this Site or any related media.

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent identified below with the following information:

1. Your name, address, telephone number, and e-mail address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or web address where the alleged infringing material is located, along of a screenshot showing where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s okay to just type your full name at the end of your notice); and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result. See 17 U.S.C. § 512(f).

Please do not send other inquiries or information to our designated agent.
You may send your DMCA notice via email to admin@avidgriller.com.

Take Down Procedure

Our compliance with the DMCA should not be considered a promise, either express or implied, to remove any material from this Site. Removal is always done at our sole and absolute discretion, regardless of any discretionary take down procedures, including the following, that we may elect to adopt and/or utilize.

Upon receipt of any notification of claimed copyright infringement, we reserve the right, at any time, without notice or liability, to disable access to, or remove any material or activity accessible on or from the Site or any materials claimed to be infringing. We will attempt to act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. § 512(f) of the “DMCA”.

If any DMCA notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, we may attempt, but are under no obligation, to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When our Agent receives a valid notice, we will attempt to expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to our Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After our Agent receives the counter-notification, we may replace the material at issue within 10-14 days after receipt of the counter-notification unless our Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

DMCA Counter-Notification Procedure

If the recipient of a DMCA notice believes that the notice is incorrect and/or that the allegedly infringing material has been wrongly removed, the recipient may submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. The information that a recipient provides in a counter-notification must be accurate and truthful, and the recipient will be liable for any misrepresentations that cause any claims to be brought against the Site.

To submit a counter-notification, please provide our Agent the following information:

1. Your name, address, telephone number, and e-mail address;
2. A specific description of the material that was removed or disabled pursuant to the notice;
3. The exact URL or web address where the alleged infringing material was located, along of a screenshot showing where the alleged infringing material was located;
4. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s okay to just type your full name at the end of your notice); and
6. The following statement concerning jurisdiction: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the United States District Court for the district of Arizona, and will accept service of process from the claimant.”

After receiving a compliant counter-notification, our Agent will forward it to us, and we will then provide the counter-notification to the claimant. Thereafter, within ten to fourteen days of our receipt of a counter-notification, we will replace or cease disabling access to the disputed material provided that we or our Agent have not received notice that the original claimant has filed an action seeking an appropriate court order.

Modifications to Policy

We reserve the right to modify, alter or add to this policy. All users are responsible for checking for any updates.