October 22, 2013
NOTICE AND TAKE DOWN PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe copyrighted work is available on this website in a way that constitutes copyright infringement, you may notify the following designated agent of Operator in writing:
4 Broadcast Plaza SW
Albuquerque, NM 87104
Attn: Copyright Infringement
Your written notification (the Notification) to the above-referenced designated agent must include substantially all of the following:
a. Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of the works;
b. Identification of the allegedly infringing material, together with information reasonably sufficient to permit Operator to locate the material;
c. Information reasonably sufficient to permit Operator to contact you, such as your name, address, telephone number and email address;
d. A statement by you that you have a good faith belief that the copyrighted work identified in the Notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;
e. A statement by you, signed under penalty of perjury, that the information contained in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and
f. A physical or electronic signature of the owner of the copyrighted work or a person authorized to act on its behalf.
Upon receipt of a Notification containing substantially all of the foregoing, Operator will take the following steps:
a. Remove or disable access to the allegedly infringing material;
b. Forward the Notification to the alleged infringer (the Impacted Party); and
c. Take reasonable steps to promptly notify the Impacted Party that Operator has removed or disabled access to the allegedly infringing material.
The Impacted Party may submit a counter notification in writing to the above-referenced designated agent of Operator. The written counter notification (the Counter Notification) must include substantially all of the following:
a. Identification of the allegedly infringing material that was removed or disabled by Operator and the location where the material appeared before it was removed or access to it was disabled;
b. A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
c. The Impacted Party’s name, address and telephone number and a statement that the Impacted Party consents to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which Operator may be found; and
d. A physical or electronic signature of the Impacted Party.
Upon receipt of a Counter Notification containing substantially all of the foregoing, Operator will take the following steps:
a. Send you a copy of the Counter Notification;
b. Inform you that it will replace the allegedly infringing material or cease disabling access to it within ten (10) business days; and
c. Replace the removed allegedly infringing material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification, provided you have not supplied the designated agent with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification.
Operators policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.