- Hangzhou Yun Xuan Technology Limited liability company（PSHere）, an internet service provider, refer to requirements established in the Digital Millennium Copyright Act (“DMCA”), has adopted this DMCA Takedown Policy to prevent the violation of copyrights and infringement of intellectual property rights on the PSHere.com website. This DMCA Takedown Policy describes PSHere’s general approach to various infringements, and details a procedure for
notifying PSHere regarding potential infringements. Any provisions in conflict with the internal laws of the People's Republic of China, in accordance with the law of the PRC.
- The Digital Millennium Copyright Act is a 1998 United States copyright law designed to protect certain content providers and create a “safe harbor” from copyright infringement liability for internet service providers that host allegedly infringing user-generated content. Service providers that follow DMCA requirements and takedown rules shall not be liable for copyright infringement by user-generated content.
- Subject to these DMCA requirements, anyone who believes that a copyright or other intellectual property right owned or controlled by him/her may be infringed by any file made available by an internet service provider may address the internet service provider’s designated agent in order to protect this copyright or other intellectual property right. To contact PSHere’ designated agent, you should create a written notification including at least the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works, including a representative list of such works at the website;
- identification of the material on the PSHere site claimed to be infringing on or to be the subject of infringing activity on the rights of the complaining party, which the complaining party is asking to be removed from the site or to have access disabled, including information reasonably sufficient to permit PSHere to locate the material;
- information reasonably sufficient to permit PSHere 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;
- 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;
- 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.
- A notice containing this information shall be submitted as a written notification to PSHere’s contact：
- Hangzhou Yun Xuan Technology Limited liability company（PSHere） Room 301, the 32th of World Hardware City, No.168 Jian Ting Road
JiangGan District, Hangzhou City, China, 310000
- Failure to comply with the requirements contained in this DMCA Takedown Policy may result in invalidation of your notice and PSHere’ subsequent inability to satisfy your requirements. Please also note that any other inquiries including technical support requests, billing questions, etc., submitted to this designated agent will be disregarded.
- Upon the receipt of your notice, PSHere reserve the rights, at PSHere’ sole discretion, to:
- remove and/or disable the claimed files;
- notify the contributor accused of infringement about your notice and removal/disabling of the claimed files;
- ask the contributor to contact you directly (upon your prior consent only) or to provide you with the contributor’s contact information (upon the contributor’s consent only) in order to resolve the issue amicably;
- terminate the contributor’s account or restrict the contributor’s access to his or her personal account at the PSHere.com website. However, if the contributor believes that the removed/disabled files do not infringe on any copyrights, or that contributor has a sufficient right to use such files on the PSHere.com website, contributor may send a counter-notice to PSHere’ agent and require the files to be replaced/restored. This counter-notice shall
contain at least:
- the contributor’s physical or electronic signature;
- identification of the file(s) removed/disabled, and information reasonably sufficient to permit PSHere to locate the material;
- a statement that the contributor has a good-faith belief that the files were removed/disabled as a result of an inappropriate DMCA notice;
- the contributor’s contact and identification information, such as a name, address, phone number, email address, etc.;
- consent to the jurisdiction of U.S. Federal Courts for the judicial districts in which the contributor and PSHere are located;
- a reasonable argument detailing opposition to the notice sent to PSHere by the complaining party, and proofs of the contributor’s legal title to use the removed/disabled files.
- Copy of this counter-notice may be sent to you by the contributor or PSHere. Once the counter-notice is received by PSHere, PSHere reserves a right, at PSHere’ sole discretion, to:
- replace/restore the files in question;
- request the contributor contact you directly (upon your prior consent only) or to provide you with the contributor’s contact information (upon the contributor’s consent only) in order to resolve the issue amicably.
- Disclaimer: The original and legally binding version of this document is written in English, and is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.
- PSHere reserves the right to update and/or modify this DMCA Takedown Policy at any time without prior notification. This DMCA Takedown Policy was last updated on the 1st day of May in the year 2018.