Legal matters... |
J. P. King Holding B.V. (“King Holding”) is the host of this Website, and users are independent persons or entities that are not controlled by King Holding. King Holding does not normally monitor or police their actions, nor does King Holding undertake any responsibility or liability for their acts or omissions.
While King Holding encourages users of this Website to act responsibly, it is possible that some users will take actions or engage in activities that infringe or are alleged to infringe the intellectual property rights of others.
Copyright Infringement Claims.
When filing a notice of claimed infringement with us, for such notification to be effective under Title II of the Digital Millennium Copyright Act (“DMCA”), the notification must be in writing and provided to the person designated below. In accordance with DMCA, the notification of claimed infringement must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit King Holding to locate the material. If, however, the claim is that King Holding is referring or linking users of this Website or the Service to an online location containing infringing material or infringing activity by using location tools, then the identification must be of the reference or link to material or activity claimed to be infringing that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit King Holding to locate that reference or link.
- Information reasonably sufficient to permit King Holding to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
Upon receipt of notices complying or substantially complying with the DMCA, as specified above, King Holding will act expeditiously to remove, or disable access to, the material claimed to be infringing or claimed to be the subject of infringing activity.
Claimed Infringement of Other Intellectual Property Rights, Including Trademarks
In the case of a claim of infringement of a trademark, service mark, trade dress, name, or other indicia of origin ("mark") or other intellectual property right that is not covered by the DMCA, King Holding will respond to written notification of such claimed infringement in accordance with applicable laws. The written notification should include the following:
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and identification of such owner
- Identification of the mark or other intellectual property right that is claimed to be infringed and information that establishes that the named owner possess the exclusive right allegedly infringed.
- Identification of the usage or material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit King Holding to locate or view the usage or material and to identify the person that is responsible for the claimed infringement.
- Information reasonably sufficient to permit King Holding to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A representation and warranty that the complaining party has a good faith belief that the usage or material in the manner complained of is not authorized by the owner of the mark or other intellectual property identified, its agent, or the law.
- A representation and warranty that the information in the notification is accurate and that the complaining party is the owner or is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
How To Give Notice
Any notices of claimed infringement should be directed to:
King Holding – for contact details see "Contact" in the navigation list.
The words "Notice of Infringement" should be put in the subject line of all such notifications. Any such notification should contain sufficient detail to reasonably permit King Holding to evaluate and respond to the claim.
Any person or entity delivering a notice relating to a claimed infringement by user of this Website or the Service should also notify that user. Notice to King Holding is not also notice to such user. Any person or entity with a claim of infringement against a user of this Website or the Service should consult his, her or its own attorney.
Certain Other Matters; Disclaimer of Liability
If King Holding receives notification of a claim of infringement by a user of this Website or the Service, King Holding may forward it to the user or attempt to give the user a chance to respond to the notification. King Holding reserves the right to provide the complaining party the response(s), if any, submitted by the user. King Holding does not promise or undertake any duty to do any of the foregoing, except as required by applicable law.
To the fullest extent permitted by applicable law, King Holding disclaims any and all responsibility and liability for the acts and omissions of users of this Website and the Service, including, without limitation, infringement of any copyright, trademark or other intellectual property right. By posting or implementing the foregoing Policy or otherwise responding to any infringement claim, King Holding does not undertake or assume any duty, responsibility or liability that it would not otherwise have under mandatory provisions of applicable law.
Subject to applicable law, King Holding reserves the right and absolute discretion to periodically change the foregoing policies and procedures, without notice. Any changed policies or procedures will be posted here |
