The Encore Escape is a Limited Liability Company, located in Enoree, South Carolina. The company has a registered agent listed at the DMCA Designated Agent Directory at the US Copyright Office website at: www.copyright.gov
Copyright Agent: Gary O’Connor 9350 Sunrise Lakes Blvd., Sunrise, FL 33322 Email: firstname.lastname@example.org
Third parties that claim that any of the material on The Encore Escape website is infringing their rights must submit a claim of infringement which includes:
Name of Company or Person who has the right to make a claim against the intellectual property
Your name and how you are associated with the above company
Your's and the company’s contact information (including email address)
List of intellectual property right(s) at issue and jurisdictions in which registered
If certain affiliates or partners are permitted to use the intellectual property, list all company names in your letter.
Include the following statement: “I have a good faith belief that use of the above listed intellectual property is not authorized by the owner or its agent, nor is such use otherwise permissible under law.”
Include the statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
Your signature and BLOCK PRINTED FULL NAME, TITLE AND DATE.
The Encore Escape Review: After we have received a proper complaint, both the submitter of the complaint and user will be sent an email with a copy of the complaint. User shall be given five (5) business days to respond and provide a counter notification.
Counter Notifications: The administrator or the provider of affected content may make a counter notification pursuant to §§512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by regular mail - not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the copyrights of others. Accordingly, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
I. Identify the material that we have removed or to which we have disabled access.
II. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Florida, USA, and that you will accept service of process from the person (or their agent) who provided notification under subsection (c)(1)(C).
III. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown.”
Sign the document and send it to us at the above address as well as via email. We strive to review all claims within ten (10) business days of when the complaint was received. Review will be undertaken by an appropriate member of our staff trained in intellectual property matters. We will issue our decision to both you and the Client. In all likelihood we will pull down the content if there is a reasonable basis for Complainant’s basis to be true if only to preserve our DMCA safe harbor rights.
THE ENCORE ESCAPE decision: You, the Client, agree that if the decision is made to remove the content from our Site or virtual world that you will not hold us liable for pulling the material down under any circumstances. You also understand that we will be required to provide your information to the Complainant.
REPEAT INFRINGERS: We will, in appropriate circumstances, terminate repeat infringers. If you believe that a user of our Services is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user is a repeat infringer.