DMCA Policy & Copyright Infringement Compliance.

 

DMCA POLICY AND COPYRIGHT INFRINGEMENT COMPLIANCE:

Updated: 03.08.2022

DMCA Notice and Takedown Policy:
House of Brockmann, LLC d/b/a The Let Go Cure 
Sites Covered: www.theletgocure.com

The Digital Millennium Copyright Act Policy (“Policy”) applies to House of Brockmann, LLC d/b/a The Let Go Cure, in addition to www.theletgocure.com website (“Website” or “Service”), and any of its related products and services (collectively, “Services”), and outlines how this Website operator (“Operator”, “we”, “us” or “our”) addresses copyright and/or trademark infringement notifications, and how you (“you” or “your”) may submit a copyright and/or trademark infringement complaint.

House of Brockmann, LLC d/b/a The Let Go Cure qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others; protection of intellectual property is of utmost importance to House of Brockmann, LLC and its subsidiaries, including The Let Go Cure, and we except the same from our users or websites of our affiliates, and their authorized agents. Thus, we observe and comply with the DMCA, and have adopted the following Notification and Takedown Policy relating to claims of copyright infringement.

Please note, if you are unsure as to whether the material you wish to report is in fact infringing, we advise contacting an attorney or a takedown service before filing a notification with us. The DMCA requires you to provide personal information in the copyright infringement notification, as filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, we may, at our own discretion and provided appropriate circumstances apply, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Service for users who infringe the intellectual property rights of others, and we may choose to remove, delete, erase, or disable access to content deemed to be infringing, in addition to our other remedies.

All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office website. If we remove or restrict access to materials or terminate any account in response to a notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access. The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Notwithstanding anything to the contrary contained in any portion of this Policy, the Designated Agent reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

If you are a copyright owner or an agent thereof, and you believe that any material available on our services infringes your copyrights, then you may submit a written copyright infringement notification (“Notification”) using the contact details below pursuant to the DMCA. All such notifications must comply with the DMCA requirements.

Notification of Claimed Infringement:
If you have reason to believe that your content and/or work has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination, or service that contains content and/or activity that infringes your copyright rights, please notify us via e-mail to the designed electronic mail address listed below and please provide our Designated Agent, also set forth below, with the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C.  § 512), the text of which may be found on the U.S. Copyright Office website:

  1. Your full legal name and an electronic or physical signature of the copyright owner, and/or a person authorized to act on behalf of the copyright owner;

  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on the Service (including specific URLs associated with the material);

  4. Your postal address, telephone number, email address, and any information reasonably sufficient to enable us to contact you or a person authorized to act on behalf of the copyright owner;

  5. 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

  6. A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright owner’s behalf.

You may electronically deliver all items completed regarding your Notice of Claimed Infringement (“Notification”) to The Let Go Cure’s DMCA Designated Agent as follows.

The Designated Agent for complaints under the DMCA is:

Danielle Brockmann
Founder & Owner
House of Brockmann, LLC d/b/a The Let Go Cure
Email: compliance@houseofbrockmann.com

Notices sent to an email address other than the Designated Agent will be considered invalid. Please do not send other inquiries or information to our Designated Agent at this specific email address. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. The Let Go Cure’s DMCA Designated Agent will not respond to any communications other than copyright notices. For communications on other matters, please visit our Contact page.

Take Down Procedure:
This Operator implements the following “notification and takedown” procedure upon receipt of any notification of alleged claimed copyright infringement. The Operator reserves the right at any time to disable access to or remove any material or activity accessible on the Service that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances. It is the firm policy of the Operator to terminate the account of repeat copyright infringers, when appropriate, and the Operator will 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 of the DMCA. 

If the Notification 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, the Operator shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. 

When the Designated Agent receives a valid Notification, the Operator will 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 the Designated 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 the Designated Agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

DMCA Counter-Notification of Alleged Infringement Procedure:
If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to § 512(g)(2)-(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the Service relating to the actions taken in response to the counter-notification.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder's agent, or pursuant to law, to post and use the material in your content, you may wish to send a Counter-Notification. Please provide the following information to the Designated Agent set forth below:

  1. The Recipient’s full legal name, an email address, a postal address, and an electronic or physical signature;

  2. A specific description of the material that was removed or disabled pursuant to the Notification;

  3. A description of where the material was located within the Service or the content (as defined within the Service’s Terms & Conditions) before such material was removed and/or disabled (preferably including specific URLs associated with the material);

  4. Your postal address, telephone number, email address, and any information reasonably sufficient to enable us to contact you;

  5. A statement that the Recipient consents to the jurisdiction of the Federal District court in and for the judicial district where the Claimant is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notification, or that person’s agent.

  6. A statement reflecting the Recipient’s belief that the removal or disabling of the material was done erroneously, made under penalty of perjury, and that you will accept service of process from the person who provided notification of the alleged infringement. For convenience, the following format may be used:

“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”;

You may electronically deliver all items completed regarding your Counter-Notice of Alleged Infringement (“Counter-Notification”) to The Let Go Cure’s DMCA Designated Agent as follows.

The Designated Agent for complaints under the DMCA is:

Danielle Brockmann
Founder & Owner
House of Brockmann, LLC d/b/a The Let Go Cure
Email: compliance@houseofbrockmann.com

Please do not send other inquiries or information to our Designated Agent at the designated e-mail address. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process.

After receiving a DMCA-complaint or counter-notification, our Designated Agent will forward it to the Operator, and the Operator will then provide the counter-notification to the claimant who first sent the original Notification identifying the allegedly infringing content.

If a Counter-Notification is received by the Designated Agent, the Operator may send a copy of the Counter-Notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against House of Brockmann, LLC d/b/a The Let Go Cure or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notification. Thereafter, within ten to fourteen (10-14) days of the Operator’s receipt of a counter-notification, the Operator will replace or cease disabling access to the disputed material provided that the Operator or our Designated Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the Operator’s system or network.

Important: 
Misrepresentations made in a notification claiming that content or activity is infringing violates the DMCA, and may expose you to liability for damages, attorneys’ fees, and court costs. Courts have found that you must consider copyright defenses, limitations, or exceptions before sending a notification. Accordingly, if you are not sure whether content residing on our Services infringes your copyright, we suggest that you first contact an attorney. In addition, please determine whether the content you are sending a notification about is actually residing on our Services before sending the notification.

Policy Regarding Abuse Notification & Repeat Infringers: 
Abusing the DMCA Notification procedures set forth above, or misrepresenting facts in a DMCA Notification or Counter-Notification, can result in legal liability for damages, court costs, and attorneys’ fees under Federal Law (See 17 U.S.C. § 512(f)). These Notification and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement, or legal claim. We will investigate and take action against anyone abusing the DMCA Notification or Counter-Notification procedure. Please ensure that you meet all legal qualifications before submitting a DMCA Notification to our Designated Agent.

House of Brockmann, LLC d/b/a The Let Go Cure does not condone or tolerate copyright infringement or any violation of the intellectual property rights of or by others. Operator reserves the right to terminate the access and/or use privileges of any person who has been determined to be a “repeat infringer” of the copyrights of the Operator and/or others. Operator reserves the right to define the criteria by which Operator will determine that a person is a “repeat infringer”. In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, Operator will adopt that definition as a minimum standard. Without limiting Operator’s right to define “repeat infringer”, as a general rule, Operator will define a “repeat infringer” as any person or entity about whom Operator has received two or more DMCA Notifications of Alleged Infringement. Operator will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.

REGARDLESS OF WHETHER HOUSE OF BROCKMANN, LLC D/B/A THE LET GO CURE TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, “REPEAT INFRINGER” OR OTHERWISE, HOUSE OF BROCKMANN, LLC D/B/A THE LET GO CURE IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL HOUSE OF BROCKMANN, LLC D/B/A THE LET GO CURE INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY HOUSE OF BROCKMANN, LLC D/B/A THE LET GO CURE WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

Modifications, Changes, and Amendments:
Operator reserves the right to modify, alter, or add to this Policy or its terms related to the Website and Services at any time per our sole discretion. When changes and amendments are made, we will revise the updated date at the top of this page. We may also provide notice to you in other ways, pursuant to our sole discretion, such as through the contact information you have provided. An updated version of this policy will be effective immediately upon the posting of the revised policy unless otherwise specified. All affected persons and users should regularly check this page to stay current on any changes. Your continued use of the Website and Services after the effective date of the revised Policy, or such other act specified at that time, will constitute your consent to those changes.