Digital Millennium Copyright Act (DMCA) Copyright Policy

Clearshare.com, (the “Clearshare site”) owned by Clearshare, LLC and Clearshare Research, LLC (collectively known as “Clearshare”), respects the intellectual property of others and we ask our users to do the same. Each user is responsible for ensuring that the materials he or she uploads to the Clearshare site do not infringe of any third party’s copyright.

Clearshare has implemented this Copyright Policy in accordance with the Digital Millennium Copyright Act of 1998 (DMCA) and will promptly remove materials from the Clearshare site that infringe on a third party’s copyright. In some appropriate circumstances, Clearshare may terminate the accounts of repeat copyright infringers.

COPYRIGHT NOTICES/COMPLAINTS

Please use the policy below to notify Clearshare that your copyrighted material has been infringed upon.

If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed upon without your authorization and is available on Clearshare.com, you may provide notice of your claim to Clearshare’s Designated Agent listed below.

In order for your notice to be effective, it must include the following information:

  1. Your name, address, telephone number, and e-mail address (if applicable);
  2. A description of the copyrighted work that has been infringed upon;
  3. A description of where on Clearshare.com the infringing material may be found, so that Clearshare can locate the material (e.g., the URL);
  4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  5. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Clearshare’s Designated Agent is:

Bob Schmidt
610 Sycamore St.
Suite 320
Celebration, FL 34747
Phone: 1-855-742-7538
Fax: 1-321-413-0272
E-mail: dmca@sharket.com

COPYRIGHT COUNTER NOTICE

If you believe that your material has been removed by misidentification or mistake, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we will review the claims and may reinstate the material in question.

To file a counter-notification with us, you must provide us with a written communication sent to Clearshare’s Designated Agent (identified above) that sets forth the following items:

  1. Your name, address, telephone number, and e-mail address (if applicable);
  2. A description of the URLs or other identifying information of material that Clearshare has removed or which Clearshare has disabled access;
  3. A statement, under penalty of perjury, that you have a good faith belief that the content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  4. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Florida if you are outside of the United States) and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person; and
  5. Your physical or electronic signature.

Repeat Infringer Policy

Clearshare takes copyright infringement very seriously. In accordance with the DMCA and other applicable law, Clearshare has adopted a policy of terminating the accounts of members or account holders who are deemed to be repeat infringers. In rare cases Clearshare may also limit access to the Clearshare Web site and/or terminate the accounts of any user(s) who infringe upon the intellectual property rights of others, whether or not there is any repeat infringement.

Warning

When filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

Clearshare may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

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