Digital Millennium Copyright Act "DCMA" (Updated 20 April 2009)


Monroe-Live and ("The HawgFather") respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Monroe-Live directly makes available on its and its affiliates' websites, including but not limited to: www.HawgFathers.com, www.Monroe-Live.com, and www.MyKimmer.com collectively, "Monroe-Live" and we require our users to do the same. Monroe-Live will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. Upon taking down content under the DMCA, Monroe-Live will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. You may use the notification process below to alert us to claims of infringement other than copyright but such notifications are not covered by the DMCA and will be governed by our Terms of Use. Please be aware that recipes and certain other content are not capable of copyright. If your notice of infringement relates to a recipe, then you may want to review the U.S. Copyright Office's Circular on the copyrightability of recipes prior to reporting your notice of infringement.

Please note that these notifications and counter-notifications are real-world legal notices provided outside of the Monroe-Live Online Services environment. Monroe-Live may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law — the Privacy Policy for Monroe-Live does not protect information provided in these notices.

To File a Notification of Infringing Content

A written notification must be made. This can be done either by email or written letter (regular U.S. mail or courier) or to our DMCA Agent at:

Monroe-Live
2712 Kenwood Drive
Duluth, Georgia 30096
(Attn: DMCA Department)

Please include the following information in your notice:

1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);

2. 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 us to locate the material;

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;

4. A statement that you have 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;

5. Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law";

6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

7. Your physical or electronic signature (i.e., "/s/ [print name]"); and

8. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.)

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.

DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.

To file a counter-notification

If your content has been taken down as a result of a notification by a purported copyright owner that such party's copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification as follows:

1. List the material that was removed by the Monroe-Live administrators, and the location at which the material appeared before it was removed. Please identify in sufficient detail;

2. Provide your name, address, telephone number, email address (if available);

3. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or New York, New York if your address is outside of the United States);

4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;

5. State the following: "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"; and

6. Your physical or electronic signature (i.e., "/s/ [print name]").

Send the written document to the designated DMCA Agent at Monroe-Live:

Monroe-Live
2712 Kenwood Drive
Duluth, Georgia 30096
(Attn: DMCA Department)

COPYRIGHT AND CONTENT USAGE INFORMATION

Copyright is a form of legal protection given to authors of original works such as literary, dramatic, musical, artistic, graphic, photographic, software and certain other intellectual works. The copyright owner has the exclusive right to reproduce the work, make new works based on the work, distribute copies, and perform or display the work, during the duration of copyright protection, subject to very limited fair use rights of others to use only such amount as necessary to exercise fair use rights. You should assume all third party content is protected by copyright unless you have determined otherwise with the assistance of legal counsel and you should not rely on fair use except pursuant to advice of legal counsel. You can, however, seek a permission or license to use third party copyright protected content and once obtained will have the right to do so subject to the terms and conditions thereof. Please be aware that recipes and certain other content are not capable of copyright. If your notice of infringement relates to a recipe, then you may want to review the U.S. Copyright Office's Circular on the copyrightability of recipes prior to reporting your notice of infringement.

If you have purchased a copy of a work (e.g., a DVD of a movie or a CD of music) you generally only have a limited right to view or listen to the work for your personal non-commercial use and the copyright owner retains all other rights, unless otherwise agreed. Accordingly, unless you have permission from the copyright owner, you cannot copy content off your CD and DVD collections or off of the web and post it to this website. Its like this, if you create a work you want to decide who can do what with it, right? Well, think about that with respect to the works of others!
What if I discover I submitted or posted content that includes materials I was not authorized to use?

The Terms of Use require you to notify us immediately with the following information:

1. Identification of your User Content and information reasonably sufficient to permit us to locate the material;

2. Identification of all aspects of your User Content for which you lack sufficient authority to grant us the rights granted above with sufficient detail to enable us to identify and remove, delete or disable such aspects;

3. A statement under penalty of perjury that your notice is complete and accurate and that remainder of such User Content is free from any infringement of third party rights;

4. Your physical or electronic signature (i.e., "/s/ [print name]").

Such notice shall be sent to us by e-mail or written letter (U.S. mail or courier) at:

Monroe-Live
2712 Kenwood Drive
Duluth, Georgia 30096
(Attn: DMCA Department)


There are many available resources on the Internet. Monroe-Live is not responsible for the content provided by these other resources, but we have found the following information concerning copyrights:\


http://www.copyright.gov.

http://www.benedict.com

http://www.creativecommons.org

http://www.law.cornell.edu/wex/index.php/Copyright

http://fairuse.stanford.edu

http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.

http://www.copyright.gov/legislation/dmca.pdf

http://www.copyright.gov/legislation/hr2281.pdf

http://www.copyright.gov/title17/92chap5.html