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DMCA Policy

DMCA Policy

Foundation Park Sioux Falls respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), the text of which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Foundation Park Sioux Falls will respond expeditiously to claims of copyright infringement committed using the Foundation Park Sioux Falls service and/or website (the "Site") if such claims are reported to Foundation Park Sioux Falls's Designated Copyright Agent identified 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 Foundation Park Sioux Falls's Designated Copyright Agent.

Filing a DMCA Notice of Alleged Infringement

Upon receipt of a valid DMCA Notice, Foundation Park Sioux Falls will remove or disable access to the allegedly infringing content and take reasonable steps to notify the user who posted the content that the content has been removed or disabled. Please be aware that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. As such, if you are not sure that certain material infringes your copyright, you may wish to contact an attorney before notifying Foundation Park Sioux Falls.

To file a DMCA Notice, please provide our Copyright Agent with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 Foundation Park Sioux Falls to locate the material.
  4. Information reasonably sufficient to permit Foundation Park Sioux Falls to contact you, such as an address, telephone number, and, if available, an electronic mail address.
  5. 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification Procedures

If you believe that your content was removed or disabled by mistake or misidentification, you may file a counter-notification with Foundation Park Sioux Falls by providing our Copyright Agent with the following information:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number.
  • 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 Foundation Park Sioux Falls may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.

Upon receipt of a valid counter-notification, Foundation Park Sioux Falls will promptly provide the complaining party with a copy of the counter-notification and inform them that Foundation Park Sioux Falls will replace the removed material or cease disabling access to it in 10 business days. If the copyright owner does not file an action seeking a court order against the content provider, member, or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at Foundation Park Sioux Falls's sole discretion.

For any questions regarding this policy or to submit a notice, please use our contact page.