Digital Millennium Copyright Act (“DMCA”)
DMCA
It is Hotel Motel Acquisition Group’s policy to comply in full with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”). In accordance to this act, if any product/promotion/material (collectively known as “Client Material”) violates a valid copyright, Hotel Motel Acquisition Group may remove and/or disable access to such Client Material upon receipt of a valid, complete DMCA complaint (a written notification called “Takedown Notice”).
Submitting a Takedown Notice:
As per the Digital Millennium Copyright Act, if you believe that a valid copyright in which you have ownerships rights is being infringed, Hotel Motel Acquisition Group is authorized to remove and/or disable access to the Client Material only if you provide a Takedown Notice to Hotel Motel Acquisition Group’s designated legal agent, which includes all of the following information:
a. The words “DMCA Complaint – Takedown Notice” at the top and/or subject of your communication;
b. A detailed description of the copyrighted work(s) and/or other intellectual property(s) that you claim has/have been infringed;
c. Identification of the specific Client Material that you believe infringes upon your rights and you must provide sufficient information to enable Hotel Motel Acquisition Group to locate the specific Client Material. The DMCA only authorizes Hotel Motel Acquisition Group to remove and/or disable access to specific infringing Client Materials. Hotel Motel Acquisition Group is not authorized to generally disable access to non-infringing Client Materials;
d. The following statements and/or the equivalent:
1. “I swear, under penalty of perjury, that
(i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
e. Your company name (if any), your legal name (printed), your mailing address, and your phone number, and, if available, an electronic mail address (e-mail); and
f. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.
To file a DMCA complaint with Hotel Motel Acquisition Group, you must send a hardcopy communication (ex. letter) via certified-mail to Hotel Motel Acquisition Group’s designated representative (“Legal Agent”) at the following physical address and/or electronic mail (e-mail) address:
Hotel Motel Acquisition Group
Attn: Legal Department
5190 Neil Road, Ste 430
Reno, NV 89502
E-mail:
NOTE: The submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject you to potential liabilities. Prior to filing a Takedown Notice you may wish to first consult with an attorney. Upon Hotel Motel Acquisition Group’s receipt of a valid, complete Takedown Notice, Hotel Motel Acquisition Group shall (1) remove and/or disable access to the specific allegedly infringing Client Material identified in the Takedown Notice, and (2) take reasonable steps to contact the Vendor and/or Affiliate providing such Client Material.
Submitting a Counter-Notice:
If Hotel Motel Acquisition Group removes and/or disables access to your Client Material as a result of a Takedown Notice, you may instruct Hotel Motel Acquisition Group to restore your Client Material by providing a counter-notification (“Counter-Notice”) to the Hotel Motel Acquisition Group’s Legal Agent Containing all of the following information:
a. Identification of the Client Material and the location at which the Client Material appeared and/or was available before removal;
b. A statement that you have good faith belief that the Client Material was removed and/or disabled as a result of a mistake and/or misidentification of the Client Material;
c. Your name, address, telephone number, electronic mail (e-mail) address, and a statement that you agree to the jurisdiction of the federal court in New York, and a statement that you will accept service of process from the third party who provided the Takedown Notice;
d. Your physical and/or electronic signature
Upon receipt of your Counter-Notice, Hotel Motel Acquisition Group shall send a copy of your Counter-Notice to the original complaining party and inform such party that Hotel Motel Acquisition Group shall replace and/or restore access to your Client Material with no less than 10 but no more than 20 days unless Hotel Motel Acquisition Group received official notice from the complaining party that it has filed an action seeking a court order to restrain you from restoring the Client Material
Repeat Offender Policy:
If you are the subject of two or more valid and complete Takedown Notices that you do not satisfactorily rebut with valid Counter-Notices, in addition to any other available rights and remedies, Hotel Motel Acquisition Group reserves the right to terminate your account(s), without penalty and/or liability to Hotel Motel Acquisition Group. In addition, Hotel Motel Acquisition Group may exercise all other rights and remedies available to it.
General Policy:
Nothing contained herein shall restrict Hotel Motel Acquisition Group’s ability and/or right to remove and/or disable access to any Client Material which Hotel Motel Acquisition Group independently discovers and which, in Hotel Motel Acquisition Group’s sole discretion, violates and/or infringes any right of any third party, including, without limitation, any Intellectual Property (IP) Right.
Details of the Digital Millennium Copyright Act are available at the US Copyright Office Website: www.copyright.gov
Trademark Policy:
You agree that, in the event that Hotel Motel Acquisition Group received a written demand, such as a “Cease and Desist” letter (“Demand”) alleging that any Product (“Client Material”) infringes upon, dilutes, tarnishes and/or otherwise violates its trademark rights, Hotel Motel Acquisition Group may in its sole discretion, remove and/or disable access to such Client Material until Hotel Motel Acquisition Group receives either:
a. Written confirmation from the party sending such Demand that the Demand is withdrawn and/or has been resolved; OR
b. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by Hotel Motel Acquisition Group it its sole discretion and which Hotel Motel Acquisition Group may reject for any reason without penalty and/or liability to you. In order for Hotel Motel Acquisition Group to accept such rebuttal, you expressly acknowledge and agree that such rebuttal shall include:
1. The information set forth above for a valid Counter-Notice, except such information shall related to the trademark issue and not disputed copyright material; and
2. An express, irrevocable and binding obligation pursuant to which you shall indemnify, defend and hold harmless Hotel Motel Acquisition Group from any damages, costs, and/or expenses that Hotel Motel Acquisition Group may incur, in any manner whatsoever, arising out of or in connection with the disputed Client Materials and/or Hotel Motel Acquisition Group’s restoration thereof.
As a condition of registration with Hotel Motel Acquisition Group and this website (), you acknowledge and agree that:
a. Hotel Motel Acquisition Group is not under any obligation to restore access to any Client Material even if you provide a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at Hotel Motel Acquisition Group’s sole discretion;
b. You expressly waive and disclaim any claim and/or potential claim against Hotel Motel Acquisition Group related to and/or arising out of Hotel Motel Acquisition Group’s removal of and/or disabling of access to any Client Material in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses; and
c. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon Hotel Motel Acquisition Group any of the obligations imposed under the DMCA with regard to response times or the like.
Note to Hotel Motel Acquisition Group Website Users
This DMCA and Trademark Policy is part of, and incorporated within, the Hotel Motel Acquisition Group Disclaimers. As a condition of registering with Hotel Motel Acquisition Group, you expressly acknowledge that you have read and understood this DMCA and Trademark Policy and you agree to be bounded by the terms and conditions within. If at any time you disagree with this DMCA and Trademark Policy or any part of it, your sole remedy is to cease all use of the Hotel Motel Acquisition Group website and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full terms of this DMCA and Trademark Policy.
