NOTIFICATION OF COPYRIGHT INFRINGEMENT
Subject_ respects the intellectual property rights of others and expects its users to do the same.
It is Subject’s_ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Subject_ will respond expeditiously to claims of copyright infringement committed using the Subject_ website (the “Site”) that are reported to Subject´s_ Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to firstname.lastname@example.org Upon receipt of the notice as described below, Subject_ will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
Provide your mailing address, telephone number, and email address
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use: Personally Identifiable Information
In the course of using the Site and Services, you may provide us with personally identifiable information, which refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address, phone number and postal address. We use your Personal Information primarily to provide and improve the Site and Services and to respond to your inquiries.
We may also request that you provide certain information, such as your zip code and personal preferences, which is typically considered “Non-Identifying Information” because it cannot, by itself, be used to contact or identify you.
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) primarily to provide and improve the Services, to complete your transactions and respond to your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But, the same items of information are considered Non-Identifying Information when they are taken alone or combined only with other non-Identifying information (for example, your age). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Subject_ users to attempt to provide you with a better experience, to improve the quality and value of the Site and Services and to analyze and understand how our Site and Services are used.
We also use your Personal Information to contact you with Subject_ newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.
When you visit the Site, whether as a Member or a non-registered user just browsing (any of these, a “ISW User“), our servers automatically record information that your browser sends whenever you visit a website (“Log Data“). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, ads you click on during your use of the Site, your viewing preferences, bookmark habits and other statistics. We use this information to monitor and analyze use of the Site and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness and to better tailor the Site to our visitors’ needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.
We also use “web beacons,” “pixel tags,” “clear GIFs” or similar means (individually or collectively “Web Beacons”) on our Site. A Web Beacon is an electronic image, often a single pixel, embedded on web pages. Web Beacons are ordinarily not visible to users. Web Beacons allow us to count the number of users who have visited certain pages of the Site, to deliver branded services and to generate statistics about how our Site is used.
Making Purchases and Listing Works via the Site
If you purchase a work or other item or list a work for sale via the Site, we request certain Personal Information from you. You must provide contact information such as first and last name, address, city, zip, email and phone number and financial information such as credit card type, credit card number, expiration date and CVV2. We use this information for billing and remittance purposes, to list works for sale on the Site and to fulfill your orders, as applicable. If we have trouble processing an order or listing a work for sale, we will use this information to contact you. If you list a work for sale via the Site, we require you to provide a copy of a government issued photo identification. When you place an order or list a work for sale via the Site, Subject_ will also send you informational emails regarding such orders and sales.
Information Sharing and Disclosure
Subject_ Members: When you register for the Site and create an Account, your Personal Information (including, but not limited to, your name) will be publicly viewable via the Site. We recommend that you guard your sensitive information and we encourage you to think carefully about what information you post via the Site. If you choose to purchase Original Works of Art via the Site and Services, we will share your name and postal address with the Member who listed the work for sale on the Site to enable that Member to ship the purchased work directly to you.
Aggregate Information and Non-Identifying Information: We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers: We may employ third party companies and individuals to facilitate our Services, to provide our Services on our behalf, to perform Site-related services (e.g., without limitation, payment processing, billing and shipping services, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement: Subject_ cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Subject_ or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers: Subject_ may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
To completely delete all Personal Information you provide to Subject_, you must contact us at email@example.com If you completely delete all such information, your account may be deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.
The security of your Personal Information is important to Subject_. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number) via the Site, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Policy Toward Children
This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Identity theft and the practice currently known as “phishing” are of great concern to Subject. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, username, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the U.S. Federal Trade Commission’s website.
Links to Other Sites
Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Subject NYC LLC
168 E 74th St. Suite 6A
New York, NY 10021