Lincoln Financial Media Company Copyright Policy —Effective Date: 08/08/2010
and this Copyright Policy are legally binding on all users.
for more information.
How to Provide Notification for Claims of Copyright Infringement/DMCA Policy
If you have a good faith reasonable belief that any content on this Site is infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the Digital Millennium Copyright Act to LFMC’s Designated Agent (see below for contact information). Upon receipt of your written communication that substantially meets the following requirements; we will expeditiously remove content or block access to content subject to your claim of copyright infringement.
You may contact our Designated Agent for Notification of Claimed Copyright:
- If you are not the owner of the content alleged to be infringed but are authorized to act on behalf of the owner, provide your physical or electronic signature and a statement that you have such authority;
- Identification of the copyrighted work that you claim to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- A description of the allegedly infringing material on our Site and information sufficient to permit LFMC’s Designated Agent to locate and remove and/or disable the content;
- Information reasonably sufficient to permit LFMC’s Designated Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement by you that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
- A statement by you that the information in the notification is accurate, under penalty of perjury, and that you have the authority to enforce the copyrights that are claimed to be infringed.
The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for this Service. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.
LFMC will remove or disable access to any posted content for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If we have an accurate postal mail or email address, we will also send a notification to the user who posted the content, informing the user that the content was removed or access to it was blocked because of claimed copyright infringement.
We will terminate the privileges, membership and/or account of any user who repeatedly uses the Site to unlawfully transmit or post copyrighted content without a license, express consent, valid defense or fair use exemption to do so. Please see the “LFMC Repeat Infringer Policy” below.
LFMC Repeat Infringer Policy
and you shall indemnify and hold us harmless for any and all liability that we may incur.
How to Appeal the Removal of Content with a Counter Notice If You Believe the Content Was Not Infringing
If you are a user who posted content that was removed in response to a notice of infringement and you believe that such content was removed due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the content by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement (see above for the contact information). This counter notice must include substantially the following information:
- A physical or electronic signature of the owner or licensee of the removed or disabled content on our Site;
- Identification of the content that has been removed or to which access has been disabled and the location on our Site at which the content appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the owner or licensee has a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled.
(which is binding on all users) we can at our discretion remove any content for any purpose at any time. If we receive a counter notice from the user that posted the content subject to a claim of copyright infringement, we will forward a copy of the counter notice to the person who sent the notice of infringement and inform him/her that the removed content may be restored or we may allow access to the material in ten (10) business days. If during those ten (10) business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the user from infringing activity relating to the content on our Site, we will not restore or allow access to the content. Otherwise, we may restore the content and allow access at our discretion. However, as a user, you acknowledge, understand and agree that we retain the right to modify, remove, block access to, or not restore content at any time for any reason without any liability to the posting user and that we shall not be liable to the user under any circumstances for declining to restore or replace user content.
Please contact LincolnDMCAagent@lincolnfinancialmedia.com
if you have any questions regarding this Copyright Policy.