Digital Millennium Copyright Act Notice
TBA does not tolerate copyright infringing activities on the Websites. However, TBA does not monitor Submissions for copyright infringement. TBA abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove any Submissions if properly notified that such Submissions infringe on another’s intellectual property rights (see below for notice requirements).
In addition, TBA reserves the right to remove Submissions without prior notice. TBA will also terminate a user’s access to the Websites if he or she is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Submissions removed from the Websites more than twice.
Takedown Notice. If you are a copyright owner or an agent thereof and believe that any Submissions or other content infringe upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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; and
- 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.
TBA's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, 401 Channelside Drive, Tampa, FL 33602, e-mail: [email protected]. For clarity, only DMCA notices (Takedown and Counter Takedown) should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TBA's customer service at [email protected]. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
Counter Takedown Notice. If you believe that your Submissions that were removed (or to which access was disabled) are not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Submissions, you may send a counter takedown notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Submissions that have been removed or to which access has been disabled and the location at which the Submissions appeared before they were removed or disabled;
- A statement that you have a good faith belief that the Submissions were removed or disabled as a result of mistake or misidentification of the Submissions; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the district in which your address is located, or, if you live outside the United States, for the Middle District of Florida, where TBA is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter takedown notice is received by the Copyright Agent, TBA may send a copy of the counter takedown notice to the original complaining party informing that person that it may replace the removed Submissions or cease disabling them in 10 business days. Unless the copyright owner files an action seeking a court order against the Submissions provider, member or user, the removed Submissions may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter takedown notice, at TBA's sole discretion.