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Política de Copyright i propietat intel·lectual

All content on this website, including, without limitation, text, graphics, images, design and intellectual property rights that may be applicable to such content, and all trademarks, trade names or other distinguishing marks are the property of FairChanges or its rightful owners, and all rights are reserved on them.

Any measures to reproduce the contents in whole or in part in any form or medium, whether mechanical, electronic, photocopying or otherwise, and any act of distribution, public communication or distribution without the express written permission of FairChanges or their rightful owners, or contrary to the creative license that the owner set in each case, are forbidden. Read more information at the Creative Commons Licenses site.

FairChanges is not liable for any damages arising from the use of the contents by the users or the infringement by them of any legal provision.

FairChanges will respond to notices of this form from jurisdictions other than Spain. The address of FairChanges’ Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

FairChanges may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If FairChanges removes or disables access in response to such a notice, FairChanges will make a good-faith attempt to contact the allegedly infringing party (“Member”) so that they may make a counter notification.

A. Procedure for Reporting Copyright or Intellectual Property Infringements

If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting FairChanges.

If you believe that material residing on or accessible through the FairChanges web site or service infringes a copyright or other intellectual property right, to provide FairChanges of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by regular mail – not by email, except by prior agreement);

Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);

Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that FairChanges is capable of finding and verifying its existence (for listings, please provide item numbers);

Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting FairChanges on the owner’s behalf, the address, telephone number and, if available, e-mail address;

A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

When removing material from the site, FairChanges will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.

B. Removal of Allegedly Infringing Material

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, FairChanges may remove or disable access to the material infringing upon the intellectual property. If FairChanges removes or disables access to content in response to an infringement notice, FairChanges will make reasonable attempts to notify the Member that FairChanges has removed or disabled access to the material. Repeat offenders will have all material removed from the system and FairChanges will terminate such Members’ access to the service.

C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting FairChanges.

If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.

Your physical or electronic signature (by regular mail – not by email, except by prior agreement);

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 disabled;

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

Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Courts of Spain, and that you will accept service of process from the person who provided notification or an agent of such person.

If a counter-notice is received by the Designated Agent, FairChanges may send a copy of the counter-notice to the original complaining party informing that person that FairChanges may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at FairChanges’ discretion.

Please contact FairChanges’ Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address: Designated Agent to Receive Notification of Claimed Infringement
FairChanges
Attn: Legal Department
C/ Laín Calvo 5
09003 Burgos
Spain
E-mail: info@fairchanges.com

Updated: November 6, 2013
FairChanges reserves the right to alter these policies at any time.

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