Kintzplastics respects the intellectual property rights of third parties and responds to allegations of distribution of protected material through the Kintzplastics platform. If you believe that material on the Kintzplastics platform infringes your rights, please notify us via email at info@kintzplastics.com.
For allegations of copyright infringement under the Digital Millennium Copyright Act (DMCA), please see the DMCA notice below.
DMCA notice
Kintz Plastics Incorporated respects the intellectual property rights of third parties and responds to allegations of unauthorized sharing of copyrighted materials through the Kintzplastics Platform (“Platform”) in accordance with the safe harbor provided by the Digital Millennium Copyright Act (“DMCA”). Kintzplastics will also, in appropriate circumstances disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others, in its sole discretion, consistent with the DMCA.
A. Notification of alleged copyright infringement
If you believe that your work has been copied and made available through the Platform in a way that constitutes copyright infringement, you may send Kintzplastics a written document containing the following information (“Notice”) :
- A description of the copyrighted work that you claim has been infringed.
- Identification of the URL or other specific location of the material that contains the copyright that you claim has been infringed as described in item 1 above. You must provide us with information reasonably sufficient to locate the material that is alleged to be infringing.
- An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
- A statement by you that the information contained in your notice is accurate and that you certify under penalty of perjury that you are the copyright owner or that you are authorized to act on behalf of the owner.
- Your name, mailing address, telephone number, and email address.
Kintzplastics’ designated agent for notice of claims of copyright infringement can be contacted as follows:
Address: 165 Caverns Road, Howes Cave, New York, 12092
Telephone: +(1)(518) 517-9028
Email: info@kintzplastics.com
Please note that you may be liable for damages, including court costs and attorneys’ fees if you falsely claim that content uploaded by a user of the Platform infringes your copyright.
Upon receipt of proper notification, Kintzplastics will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also inform the alleged infringer of the DMCA counter-notice procedure described in section B below, through which the alleged infringer may respond to your claim and request that we reinstate the material.
B. Counter-notice procedure
If you believe that your own copyrighted material has been wrongfully removed from the Platform, you may submit a written counter-notice to our designated agent (as described above) that includes the following:
- The identification of the material that was removed or disabled and the location where the material appeared before it was removed or disabled is a statement that you agree to submit to the jurisdiction of the federal district court in which your address is located.
- A statement that you will accept service of process from the party filing the notice or from that party’s agent.
- Your name, address, and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
If you send a valid written counter-notice to our designated agent that meets the above requirements, we will reinstate your removed or disabled material within 10 to 14 working days of receiving your counter-notice, unless our designated Agent first receives notice from the party who submitted the original notice informing us that the party has filed a court action to restrain you from engaging in infringing activity with respect to the material in question.
Please note that you may be liable for damages, including costs and attorneys’ fees.
C. Repeat infringer policy
In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator, or other tribunals of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Platform.
Each adjudication counts as a separate strike. If an adjudication pertains to multiple instances of copyright infringement, it can count as multiple strikes. Kintzplastics has adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.