Medtech[y] respects the intellectual property of others. We do not permit the use, promotion or distribution of copyrighted material without express written consent from the copyright holder, unless permitted by law.
Medtech[y] responds expeditiously to lawful Digital Millennium Copyright Act Takedown Notices.
A DMCA Takedown Notice is an allegation of copyright infringement filed by a complaining party in accordance with the requirements of the DMCA notice-and-takedown procedures. For example, a purported copyright owner might send a Takedown Notice to Medtech[y] asking us to remove or disable content that has been posted on our website.
Only the copyright owner or an authorized representative can submit a DMCA Takedown Notice. Please note that a complaining party may be liable for damages (including costs and legal fees) if they materially misrepresent that copyright infringement has occurred.
Medtech[y] is not the arbiter of a complaining party's allegations. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the DMCA.
Our policy is designed to simplify the process of submitting notices of alleged infringement, while also reducing the number of fraudulent notices that we receive. The form of notice specified below is consistent with the form suggested by the DMCA.
Medtech[y] expects that all users of any part of the website will comply with applicable copyright laws. However, if we receive a properly drafted and compliant Takedown Notice regarding claimed copyright infringement, our response will ordinarily include removing and/or disabling access to the complained-of content. We may do this automatically without making any judgment about whether content is actually infringing.
If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Medtech[y] with the following information in a written communication (preferably via email to [email protected]):
- Identification of the copyright content claimed to have been infringed, or, if multiple copyrighted works at a single online locating are covered by a single notification, a representative list of such works at that site;
- Identification of the content 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 Medtech[y] to locate the material;
- Information reasonably sufficient to permit Medtech[y] to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- The following statement: “I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- 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.
A DMCA Takedown Notice must comply with the form outlined above. Please note that this procedure is exclusively for notifying Medtech[y] of copyright infringement.
A complaining party may be liable for damages (including costs and legal fees) if they materially misrepresent that copyright infringement has occurred. If a complaining party is uncertain whether copyright infringement has occurred and/or may be considering submitting a DMCA Takedown Notice, we suggest that you first contact an attorney.
If an owner or administrator disputes the allegations contained within a Takedown Notice and believes them to be unjustified, the DMCA provides a right to file a Counter-Notice and request that the disputed content be put back up. The counter notification procedure is designed to provide protection from groundless claims of copyright infringement.
There is no specific time limit for submitting a Counter-Notice, however one should not delay unreasonably in doing so.
Before you send a Counter-Notice, carefully consider whether you are in fact infringing the complaining party's copyright. A baseless Counter-Notice can trigger a lawsuit and result in liability for damages (including costs and legal fees). It is best to consult with an attorney prior to submitting a DMCA Counter-Notice.
Medtech[y] expects that all users of any part of the website will comply with applicable copyright laws. However, if we receive a properly drafted and compliant Counter-Notice, we will make a good-faith attempt to contact the complaining party and forward a copy of the Counter-Notice.
We shall also attempt to inform the complaining party that Medtech[y] will replace the removed content or cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless Medtech[y] first receives notice from the complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity relating to the disputed content.
Should the complaining party initiate legal proceedings, Medtech[y] will not re-approve the disputed content unless and until a court order has been issued, in your favor.
If you dispute the allegations contained within a Takedown Notice and believe them to be unjustified, please provide Medtech[y] with the following information in a written communication (preferably via email to [email protected]):
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
- Your name, address and telephone number;
- The following statement: “I consent to the jurisdiction of the Federal District Court for the for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled”; and
- Your signature, in physical or electronic form.
A DMCA Counter-Notice must comply with the form outlined above. Please note that this procedure is exclusively for notifying Medtech[y] of bogus copyright infringement allegations.
The DMCA creates liability for a wrongful Counter-Notice, including damages. It is best to consult with an attorney prior to submitting a DMCA Counter-Notice.
If you have questions about this Copyright Policy, you may contact Medtech[y] via email at [email protected]. Medtech[y]'s Designated Agent to receive notification of alleged infringement under the DMCA can be reached as follows: Copyright Agent, Medtechy.com Legal Department, 400 S. 4th Street, #500, Las Vegas, NV 89101.
THIS COPYRIGHT POLICY IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE, NOR SHOULD IT BE RELIED UPON, AS LEGAL ADVICE. ALWAYS SEEK THE ADVICE OF AN ATTORNEY WITH ANY INTELLECTUAL PROPERTY RELATED LEGAL CONCERNS.