Last Updated July 26, 2019

1. CONTENT. We respect the copyrights of others and expect our users to do the same. In compliance with the Digital Millennium Copyright Act of 1998 as embodied in 17 U.S.C. § 512 (the “DMCA”), a copy of which may be found on the United States Copyright Office website at www.copyright.gov/title17/92chap5.html#512 , we will respond expeditiously to remove or disable access to material that is claimed to infringe copyrighted material or to be the subject of activity that infringes copyrighted material and was posted online using the What’s New Local service. As a What’s New Local user, you may submit media for upload.

• You agree that What’s New Local does not guarantee the confidentiality of the media that is, or is not published. You retain all intellectual property rights in your content, but you are required to grant limited rights to What’s New Local and other users of the Service to distribute and sell your work. These rights are outlined in Section 6 of our General Terms and Conditions, entitled “Licenses You Grant Us”.
• You acknowledge and agree that you are solely responsible for your own Content and the consequences of its release. What’s New Local does not endorse any content or any opinion, recommendation, or advice expressed therein, and What’s New Local expressly disclaims any liability for such Content.
• You represent and warrant that you have (and continue to have during use of the Service) all the rights, licenses, consents and permissions to allow What’s New Local to use your Content in order to offer its service and more generally under the conditions envisaged by these Terms and Conditions.
• You agree that your conduct on the Website (and all of your Content) respects the rules of What’s New Local and any regular updates.
• You agree not to upload or distribute any content with elements that you are not legally allowed to hold in your country of residence or that What’s New Local could legally use or hold, for providing the service.
• You agree not to submit content to What’s New Local on which third parties hold rights (including the right to property, the right to respect for privacy and right of publicity) unless you have obtained the third party formal authorization, to disseminate data in question and to grant What’s New Local the rights specified in Section 6 of our General Terms & Conditions, entitled “Licenses You Grant Us”.

If informed of any breach of these terms, What’s New Local reserves the right (but not obliged) to decide whether the content meets the requirements specified in these terms and may remove any content that violates these terms or prohibit access of a user to the service due to the submission of such content at any time, without notice and at its sole discretion.

COPYRIGHT PROTECTION AND THREE-INFRINGEMENT POLICY

If during a six-month period a copyright infringer gets three copyright infringement notifications from the Copyright Claimant or their Designee, they are considered a repeat infringer.

• On a third infringement, the Three Infringement Policy is enacted; repeat infringers account will be terminated from use of our website for a period of not less than 6 months.
• For the purposes of the Three Infringement Policy we will treat the Copyright Infringement notice as withdrawn when a Counter Notification is filed and the Copyright Claimant does not issue a subpoena/court order within 10 days ordering removal of copyrighted media.
• What’s New Local may modify the Copyright Protection & Three Infringement Policy at any time with or without notice to you.

YOU FURTHER ACKNOWLEDGE a violation of Account Termination under Section 4 of our Terms & Conditions will result in account suspension or termination. Additionally, you agree that by using our Services you may be exposed to content inaccuracies, offensive, indecent or otherwise negative. You further agree that What’s New Local will not in any way be held responsible for broadcasting or distributing such content.

2. DMCA NOTIFICATION OF CLAIMED INFRINGEMENT. If you are a copyright owner, or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed, please notify What’s New Local of the material that is claimed to be infringing or to be the subject of infringing activity and was posted online using the What’s New Local service by completing a DMCA Notification of Claimed Infringement (the “Notification”) pursuant to Sections 512(g)(2) and 512(g)(3)(A) of the DMCA and deliver it to What’s New Local Copyright Agent.

Under 17 U.S.C. § 512(f), “Any person who knowingly materially misrepresents that material or activity is infringing … shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer…who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing …”It is important to assert that Copyright Infringement Notifications should only be submitted if you own or control the copyrighted material that is alleged to be infringing.

To be effective, the Notification must be a written communication provided to What’s New Local Copyright Agent that includes substantially the following:

Your Contact Information

• You’ll need to provide the following information that will allow us to contact you or a representative authorized to act on your behalf (such as an attorney) regarding your request.
• Full legal name (a first and last name, not a company name)
• Email address
• Physical address
• Telephone number

Identification of Copyrighted Work

• This should include the Title of the Copyrighted Work Infringed upon and the Date of your Copyright and how it was copyrighted.
• Be sure to include whether you are the copyright owner or an agent authorized to file this DMCA notice on behalf of the copyright holder.

Identification of Infringing Material

• List the alleged infringing material by name, (Listing Title, Product Name, Photos, etc.)

Location of Infringing Material (URL)

• Please provide us with the URL of the material on our website that you claim is infringing so we may locate it.

Additional Information

• Specific Reasons for Your Complaint. Please provide as many details as possible as to the reason for your complaint.
• Uploading Proof of Copyright is Your Best Solution 

Declaration and Signature:

• Please note that under 17 U.S.C. § 512(f) of the DMCA, any person who knowingly materially represents that material or activity is infringing may be subject to liability for damage, including without limitation attorney’s fees and costs.
• We may provide any information you submit in the DMCA Notice to third parties.

Include the Following Statements With Your Notification and Initial

• ______________I have a good faith belief that the alleged use of the work identified above is not authorized by the copyright owner, its agent;
• ______________The information provided in this notification is accurate to the best of my knowledge.
• ______________ UNDER PENALTY OF PEJURY, I am authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed

The Physical or Electronic Signature

• Provide a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.
• Once completed, please deliver the Notification to What’s New Local Copyright Agent at:

DMCA Copyright Agent
What’s New Local
2842 Main Street, Suite 110
Glastonbury, CT 06033
or:
dmca@whatsnewlocal.com

Upon receipt of a valid Notification with all completed requirements, What’s New Local will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

3. DMCA COUNTER NOTIFICATION. If material you have posted online using the What’s New Local service that has been removed or disabled in response to a DMCA Notification of Claimed Infringement, What’s New Local will promptly forward the Notification to you and inform you that it has removed or disabled access to such material.

If you own or control the rights to the material you posted online using the What’s New Local service and you believe that your material was removed or disabled by mistake or misidentification, you may send to the What’s New LocalCopyright Agent a DMCA Counter Notification (the “Counter Notification) as described below.
It is important to emphasize that you should only submit a Counter Notification if you own or control the copyrighted material that is alleged to be infringing.

Under 17 U.S.C. § 512(f), “Any person who knowingly materially misrepresents that material or activity is infringing … shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer…who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing …”

To be effective, a DMCA Counter Notification must be a written communication provided to What’s New Local Copyright Agent that includes substantially the following:

Your Contact Information

• You’ll need to provide the following information that will allow us to contact you or a representative authorized to act on your behalf (such as an attorney) regarding your request.
• Full legal name (a first and last name, not a company name)
• Email address
• Physical address
• Telephone number

Identification of the Specific URL (if Appropriate)

• Your counter notification must include specific links to the material that has been removed or disabled to be reinstated and the date takedown occurred.

You Must Agree to and Include the Following Statements:

• “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which What’s New Local is located, and will accept service of process from the claimant.”
• “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

Jurisdiction to Federal Court

• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which What’s New Local may be found, and that you will accept service of process from the person who provided the DMCA Notification of Claimed Infringement (the “Claimant”) or an agent of such person; and

Your Physical or Electronic Signature

• Once completed, please deliver the Counter Notification to What’s New Local Copyright Agent at:

DMCA Copyright Agent 
What’s New Local
2842 Main Street, Suite 110
Glastonbury, CT 06033
or:
dmca@whatsnewlocal.com

Upon receipt of a Counter Notification, What’s New Local will promptly forward it to the Claimant and inform the Claimant that What’s New Local will replace the removed material or cease disabling access to it unless the Claimant notifies What’s New Local Copyright Agent in ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity with regard to the material posted online by you using the What’s New Local service.

If What’s New Local receives notification that the Claimant has filed such a lawsuit, it will be unable to replace the removed material or cease disabling access to it. If What’s New Local does not receive such notification, it may, in its sole discretion, replace the removed material or cease disabling access to it.

Please note that when What’s New Local forwards the Counter Notification to the Claimant it includes your personal information. By submitting a Counter Notification, you consent to having your information revealed in this way. What’s New Local will not forward a Counter Notification to any party other than the Claimant.

4. WE HAVE NO OBLIGATION TO ADJUDICATE IP CLAIMS – USER’S AGREEMENT TO HOLD WHAT’S NEW LOCAL HARMLESS FROM CLAIMS. Claimants and users must understand that we are not an intellectual property tribunal. While we and our Copyright Agent may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us and our Copyright Agent.