Digital Millennium Copyright Act Policy

This Digital Millennium Copyright Act Policy

This Digital Millennium Copyright Act Policy (hereinafter, the
“Policy”) applies to all users and clients of Bluhorn.com and Bluhorn.filelogix.net, and includes all pages, portals, mobile applications, channels, software, social media pages, including any services, features, pages, and functions contained or offered therein (collectively, the “Websites”) provided by BluHorn LLC, a Florida limited liability company having its principal address at 1611 San Marco Blvd., Jacksonville, Florida 32207 and its parent, child, sister, affiliated and related companies and subsidiaries and each of their successors and assigns (collectively, “BluHorn”). BluHorn respects the intellectual property rights of others and requires that its advertising partners do the same. The Websites provide, among other information, content and data, transitory digital network communications under 17 U.S.C. § 512(a) of the Copyright Act.

BluHorn takes reasonable steps to comply with the notice-and-takedown procedures set out in the Digital Millennium Copyright Act (“DMCA”), which applies to content reported and removed for violating United States copyrights.  If your content is removed under the DMCA takedown process as a result of a takedown notice, you will have an opportunity to file a counter-notification. When BluHorn receives an effective DMCA counter-notification, BluHorn forwards it to the party that reported the content.  The information they receive includes your contact information.  BluHorn takes these and/or other actions as required by the DMCA, which may be amended from time to time. To the extent this Policy conflicts with the DMCA or any other applicable laws, you may follow the notice, take down, counter notification and other requirements of such applicable laws in lieu of the conflicting portions of this Policy.

DMCA Takedown Notices

Owners of copyrighted material and their authorized agents may submit a DMCA notice to BluHorn’s registered designated DMCA agent (identified below) if they believe that infringing activity has taken place on the Websites. The BluHorn will only consider valid reports of infringement pursuant to applicable laws.

You or your authorized agent may only submit a DMCA notice if you are the content owner or as otherwise required by applicable law. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following and must include a certification made under penalty of perjury:

(i)     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for BluHorn to determine the legitimacy of the signature and the identity of the signatory;

(ii)     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, including citation to the application copyright registrations where available;

(iii)     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 BluHorn to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact;

(iv)     Information reasonably sufficient to permit BluHorn to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;

(v)     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; and

(vi)     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.

Any such notifications of claimed infringement must be sent to our designated DMCA agent:

BluHorn LLC
Attn: Copyright/DMCA/Legal Agent
1611 San Marco Blvd.
Jacksonville, Florida 32207
Email: [email protected]
Phone: 904-580-3530

Please note if any notification of claimed infringement does not meet the above requirements, or any other requirements required by applicable law, BluHorn has no responsibility to respond to or act on any such defective notification of claimed infringement. It is also the policy of BluHorn, in appropriate circumstances and in its sole discretion, to suspend or terminate accounts who are repeat copyright infringers.

You may also contact us with any questions using this contact information.

DMCA Counter Notification

If you receive a notification of claimed infringement, you may submit a written counter notification to us pursuant to the DMCA that includes substantially the following and must include a certification made under penalty of perjury:

(i)     Your physical or electronic signature, as well as information sufficient for BluHorn to determine the legitimacy of the signature and the identity of the signatory;

(ii)     Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii)     A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(iv)     Your name, address, and telephone number, and a statement that you consent to the exclusive jurisdiction of any state or federal court located in Duval County, Florida, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.

Any such counter notification must be sent to our designated DMCA agent:

BluHorn LLC
Attn: Copyright/DMCA/Legal Agent
1611 San Marco Blvd.
Jacksonville, Florida 32207
Email: [email protected]
Phone: 904-580-3530

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