Notice and Takedown Procedure


Effective Date:  April 26, 2017

At The Speed Journal it is our policy to swiftly respond to clear detections of suspected copyright infringement that meet the terms with the United States Digital Millennium Copyright Act (DMCA).  The following details what information is needed in theses notifications, with intentions of making submittal of notices of this type of suspected infringement to The Speed Journal simple, simultaneously reducing the number of fraudulent and/or difficult to understand notices that we receive.  The form of notice specified is reliable with the type of notice suggested by the DMCA and can be found at the website of the United States Copyright office < a href="http://www.copyright.gov" target="_blank">(www.copyright.gov).

The Speed Journal expects that all users of any part of our website observe any applicable copyright laws. In the event we receive proper notification of a copyright infringement assertation, our response will be the inactivating or elimination of the material asserted to be the issue/item of the infringing action and/or the termination of subscribers or users whether or not we may be held liable for the infringing activity under United States Law or the Law of the California.

If we inactivate or remove material or access in response to a notification, we will make an attempt to contact the owner or administrator of the affected site or material so that if they wish they may make a counter notification in compliance with Sections 512 (g)(2) and (3) of the DMCA.  We will also document any acted upon notice of infringement.

INFRINGEMENT NOTIFICATION

Upon receipt of a proper notification of an infringement claim, The Speed Journal will follow the following outlined procedures in compliance with the DMCA:

To file a notice of infringement with The Speed Journal you must provide written notification via US Postal service or email which lays out the information described in the following list.  Please note that you may be held liable for damages including attorney’s fees should you materially misrepresent the material is infringing upon your copyright.   In light of this if you are unsure if you are the proper copyright holder or if the material or content is actually an infringement you may want to contact an attorney prior to filing notice.

To facilitate our ability to handle your notice, please submit notice in the following format:

  • Identification including adequate detail of work or material that you believe has been infringed upon.
  • Indemnification of the work or material which is claimed to be infringing and is to be removed or disabled and information that will allow The Speed Journal to adequately locate the material or content.
  • Information that would allow The Speed Journal contact the claiming party.  Information to include address, phone number and/or email address if available.
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or an authorized representative of the owner.
  • Signature of the copyright owner or authorized person to act on behalf of the owner.

COUNTER NOTIFICATION:

If a customer or user of the The Speed Journal website feels their content was taken down or disabled by mistake or due to misidentification, the user may submit a written counter notification to us which is to include the following:

  • Contact information including name, address, telephone number and email if available.
  • Identification of material that has been removed or disabled, and the location where it was prior to that action
  • The following statement “I consent to the jurisdiction of Federal District Court for the (the federal district court in which your address is located).”
  • The following statement “I will accept service of process from (the name of the person who submitted the infringement notification) or his/her agent.”
  • The following statement “I swear, under penalty of perjury, that I have a good faith belief that the affected material or content was removed or disabled as a result of a mistake or misidentification of the material to be removed”
  • Sign the statement

Send the written communication to:
The Speed Journal
2420 E. McKinley Ave.
Fresno, CA 93703
Or email to: jeff@thespeedjournal.com

REPEAT INFRINGERS

In accordance with Section 512(i)(1)(a) of the DMCA, The Speed Journal will , in appropriate circumstance disable and/or terminate the accounts of Users who are repeat infringers.

STANDARD TECHNICAL MEASURES

It is The Speed Journal’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works, that The Speed Jouranal determines are reasonable under the circumstances.