Partie is committed to complying with the Digital Millennium Copyright Act of 1998 (DMCA) and respects the intellectual property rights of others. The following describes the policies and procedures that Partie has implemented to process complaints regarding Infringing Content, and to address Repeat Infringers. This Repeat Infringer Policy applies to all Users.
1. "Complainant" means an individual that submits a Takedown Notice to Partie.
2. "Complainant Response" means a response from Complainant stating that it has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to Infringing Content, as required pursuant to 17 U.S.C. 512(g)(2)(C).
3. "Counter Notice" means a counter-notification that (i) is sent to Partie in response to a Takedown Notice; and (ii) meets the DMCA requirements, including those set forth in 17 U.S.C. 512(g)(3).
4. "Infringing Content" means content hosted on the Service that infringes, or is claimed to infringe, the copyright interest of a third party.
5. "Repeat Infringer" means a User that is the subject of two (2) or more Verified Incidents within a twenty-four (24) month period.
6. "Service" means the website at www.partie.com operated by Partie, including the information and services available on the website.
7. "Takedown Notice" means a notification that (i) is sent by a Complainant regarding Infringing Content that is hosted on the Services; and (ii) meets the applicable DMCA requirements, including those set forth in 17 U.S.C. 512(c)(3).
8. "Partie" means Partie Partners, LLC, d/b/a Partie.
9. "User" means any user accessing the Services.
10. "Verified Incident" means any time in which Partie receives a Takedown Notice, and either (i) the applicable User fails to provide a Counter Notice in response, or (ii) the applicable Complainant fails to provide a Complainant Response within thirty (30) days after receiving a Counter Notice.
2. Infringing Content Notice and Takedown Process.
1. Receipt of Takedown Notice; Removal of Infringing Content. Upon Partie's receipt of a Takedown Notice, Partie will: (i) expeditiously remove or disable access to the Infringing Content, and (ii) promptly notify the applicable User that uploaded the Infringing Content of the action.
2. Receipt of Counter Notice; Replacement of Infringing Content. If Partie receives a Counter Notice, then it will: (i) forward such Counter Notice to the Complainant, and (ii) simultaneously notify the Complainant that Partie will replace or cease disabling access to the Infringing Content in ten (10) business days of Complainant's receipt of the Counter Notice (the "Response Period") unless the Complainant provides a Complainant Response. If the Complainant fails to provide a Complainant Response within the Response Period, then Partie will replace or cease disabling access to the Infringing Content within fourteen (14) business days of the commencement of the Response Period.
3. Management of Repeat Infringers.
1. Recordkeeping; Verified Incidents. Partie will maintain records (on a per-User basis) of each Takedown Notice, Counter Notice, and Complainant Response that it receives, and such records shall be used to determine whether a User constitutes a Repeat Infringer.
2. Determination of Repeat Infringers; Termination. Upon Partie's determination that a User constitutes a Repeat Infringer, Partie will notify the User of its status as a Repeat Infringer (each, a "Suspension Notice"). The Suspension Notice shall also inform such User that its access to the Service will be terminated if it is subject to another Verified Incident within twelve (12) months of such notice (the "Trial Period"). If a User is the subject of another Verified Incident during the Trial Period, then Partie may, in its sole discretion, terminate the User's 'access to some or all of the Services.
3. Continued Compliance. Nothing set out in this Section 3 (Management of Repeat Infringers; Termination) shall prevent Partie from continuing to comply with the procedures set out in Section 2 (Infringing Content Notice and Takedown Process).