Terms and Conditions

15. Digital millenium copyright act (“DMCA”) notice

• 15.1.

  In operating the Website, we may act as a “Service Provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. We have placed certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on our rights or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement.

• 15.2.

  Notice. If You believe any material available via the Website infringes a copyright, You should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is FITNESS SUPERSTORE, INC, 537 Stone Rd. STE F, Benicia, CA 94510, +1-925-215-2927, info@fitnesssuperstore.com
To be effective, the notice must be a written communication where you:

  15.2.1.

  Identify the copyrighted work or other intellectual property that you claim has been infringed;
  

  15.2.2.

  Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
  

  15.2.3.

  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  

  15.2.4.

  A statement by you declaring under penalty of perjury that (a) the above information in you notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  

  15.2.5.

  Your address, telephone number, and email address; and
  

  15.2.6.

  Your physical or electronic signature.

• 15.3.

  If your DMCA notice is complete and valid and the reported content is on the Website, we will take action expeditiously including contacting our customer to remove or disable access to the infringing content. Whenever we remove content in response to a DMCA notice, we provide a copy of the original complaint as well as your contact information to our customer. If our customer or user does not believe that the content is infringing or that the content should not be removed, they might reach out to you directly to resolve the issue or they might submit a counter-notice to us under the DMCA.

• 15.4.

  If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

• 15.5.

  Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

• 15.6.

  Counter-Notice. We may give notice to our users of any infringement notice by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  15.6.1.

  You physical or electronic signature;
  

  15.6.2.

  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;
  

  15.6.3.

  A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  

  15.6.4.

  Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

• 15.7.

  We will review your counter-notice when we receive it. If we have questions, we will email you asking for more information. Otherwise, if your counter-notice is complete and valid, we will forward the information that you provided to the person who filed the complaint. If they do not notify us within 10-14 business days that they have filed a lawsuit against you, we will take steps to restore the content that we removed or disabled.

• 15.8.

  False statements in your written counter-notice can lead to civil or criminal penalties.

• 15.9.

  Infringement Policy. We may, in our sole discretion, limit access to the Services and/or terminate the Accounts who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.

• 15.10.

  Repeat Infringer Policy. We also adopt a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers of other’s copyrighted property.