Copyright Infringement Notice and Procedures

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DMCA NOTICE: The Digital Millennium Copyright Act (DMCA) provides a legal framework for copyright owners to protect their intellectual property rights and establishes procedures for addressing copyright infringement claims on digital platforms. FinalLayer's DMCA Agent's contact information can be found here.

1. Submitting a Copyright Infringement Notice

To submit a copyright infringement notice to Kasper, the notice must be in writing and include substantially the following information:

a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

b) Identification of the copyrighted work claimed to have been infringed;

c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Kasper to locate the material;

d) Contact information for the complaining party, including name, address, telephone number, and 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;

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.

2. Post-Notice Procedures

Upon receipt of a valid copyright infringement notice:

a) Kasper will promptly remove or disable access to the allegedly infringing material;

b) Kasper will make reasonable efforts to notify the affected user of the removal;

c) Kasper will provide the affected user with a copy of the copyright infringement notice;

d) The affected user will have the opportunity to submit a counter notice;

e) Kasper will document the incident in its records for repeat infringer policy purposes.

3. Counter Notice Procedures

To submit a counter notice, the user must provide in writing:

a) The user's physical or electronic signature;

b) Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before removal;

c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

d) The user's name, address, telephone number, and email address;

e) A statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which their address is located, or if outside the United States, any judicial district in which Kasper may be found;

f) A statement that the user will accept service of process from the person who provided the copyright infringement notice.

Upon receipt of a valid counter notice:

a) Kasper will promptly provide the original complainant with a copy of the counter notice;

b) Kasper will inform the original complainant that the removed material will be replaced in 10-14 business days unless Kasper receives notice that the complainant has filed a court action.

c) Kasper may reinstate the content if there is no action from the complainant and if the content complies with Kasper’s Terms of Service.

4. Repeat Infringer Policy

Kasper maintains a repeat infringer policy that provides for the termination in appropriate circumstances of users who repeatedly infringe copyrights:

a) Kasper will maintain records of copyright infringement notices and counter notices;

b) Users who receive multiple valid copyright infringement notices may have their accounts terminated;

c) The determination of repeat infringer status will be made at Kasper's sole discretion;

d) Factors considered may include:

   - The number of valid infringement notices received

   - The timeframe in which notices were received

   - The user's response to notices

   - Any pattern of infringing behavior

e) Account termination may be permanent and may result in the deletion of all user content and data;

f) Terminated users may be prohibited from creating new accounts.

This policy is designed to comply with 17 U.S.C. § 512(i) and related provisions of the Digital Millennium Copyright Act. Kasper reserves the right to modify these procedures at any time, consistent with applicable law and our Terms of Service.

The above procedures are designed to comply with applicable copyright law while protecting the rights of both copyright owners and users. Nothing in these procedures should be construed as legal advice, and parties are encouraged to seek independent legal counsel regarding their rights and obligations under copyright law.