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Legal

DMCA Policy

This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (DMCA) for the reporting of alleged copyright infringement. It is our policy (the Company) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.

Designated Agent

The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is:

DMCA Agent, The Body CAN, support@thebodycan.com, 844 275 1056

Upon receipt of proper notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.

Complaint Notice Procedures for Copyright Owners

The following elements must be included in your copyright infringement claim:

  1. An electronic or physical signature of the copyright owner or 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 notice, 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 the Company to locate the material.
  4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Procedures Upon Receipt of a Notice of Infringement

Upon receipt of a proper notice of claimed infringement, the Company will expeditiously remove or disable access to the allegedly infringing material. The Company will also notify the affected user of the removal or disabling of the material.

The affected user may submit a counter notification to the Designated Agent containing the elements set forth below. If a counter notification is received, the Company may send a copy of the counter notification to the original complaining party informing that person that the Company may replace the removed material or cease disabling it within 10 business days.

Counter Notification Procedures

If the user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user may send a counter notice containing the following information to the Designated Agent:

  1. A physical or electronic signature of the user.
  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.
  3. A statement that the user has 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.
  4. The user’s name, address, telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the user’s address is located, or if the user’s address is outside of the United States, for any judicial district in which the Company may be found, and that the user will accept service of process from the person who provided notification of the alleged infringement.

Repeat Infringers

It is the policy of the Company to terminate the accounts of users who are deemed to be repeat infringers in appropriate circumstances. The Company also reserves the right, in its sole discretion, to terminate the account of any user for any actual or apparent infringement of any third party’s rights.

Accommodation of Standard Technical Measures

It is the Company’s policy to accommodate and not interfere with standard technical measures used by copyright owners to protect their works.

Misrepresentations

Please be aware that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages.

Modifications

The Company reserves the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the site. It is your responsibility to review this DMCA Policy from time to time to ensure that you continue to agree with all of its terms.