DMCA and Trademark Policies

DMCA Policy

This policy is designed fully comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If any valid copyright is violated by a Sellers Product, Service, or Promotion (collectively the "Seller Material"), the offending Seller Material may be removed by VirtaPay. Such removal action would only happen upon receipt by VirtaPay of a valid, complete DMCA complaint (a written notification called a "Takedown Notice"). 

How To Submit a Takedown Notice:

In accordance with the DMCA, if you believe that a valid copyright (in which you have ownership rights, or are authorized to act on behalf of the owner) is being infringed by a VirtaPay Seller, VirtaPay is authorized to remove or disable access to Seller Material only if you provide a Takedown Notice to VirtaPay's designated Copyright Agent which includes all of the following:

1. The words "DMCA COMPLAINT - TAKEDOWN NOTICE" at the top of your communication;
2. A reasonably detailed description of the copyrighted work(s) or other intellectual property(s) you claim has/have been infringed;
3. Identification of the specific Seller Material that you believe infringes upon your rights and sufficient information to enable VirtaPay to locate the specific Seller Material. The DMCA only authorizes VirtaPay to remove or disable access to specific infringing Seller Materials. We are not authorized to generally disable access to non-infringing Seller Materials;
4. The following statements or 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."
      
5. Your company name (if any), your legal name (printed), your mailing address, and your phone number, and, if available, an electronic email address; and
6. 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 VirtaPay, you must send a hardcopy communication via certified-mail to VirtaPay's designated representative ("Copyright Agent") at the following address:

 

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 receipt of a valid, complete Takedown Notice, VirtaPay shall (i) remove or disable access to the specific allegedly infringing Seller Material identified in the Takedown Notice, and (ii) take reasonable steps to contact the Seller posting such Seller Material.

Submitting a Counter-Notice:

If your Seller Material is removed or disabled by VirtaPay as a result of a Takedown Notice, you may instruct VirtaPay to restore your Seller Material by providing a counter-notification ("Counter-Notice") to the VirtaPay Agent (indicated above) containing all of the following:

1. Identification of the Seller Material and the location at which Seller Material appeared or was available before removal;
2. A statement that you have a good faith belief that the Seller Material was removed or disabled as a result of mistake or a misidentification of the Seller Material;
3. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the U.S District Court in Reno, Nevada, and a statement that you will accept service of process from the third party who provided the Takedown Notice.
4. Your physical or electronic signature;

Upon receipt of your Counter-Notice, VirtaPay shall send a copy of your Counter-Notice to the original complaining party and inform such party that VirtaPay shall replace or restore access to your Seller Material within no less than 10 but no more than 14 days unless VirtaPay receives official notice from the complaining party that it has filed an action seeking a court order to restrain you from restoring the Seller Material. 

Repeat Offender Policy:

If you are the subject of two or more valid and complete Takedown Notices that you do not overturn with valid Counter-Notices, in addition to any other available rights and remedies, VirtaPay reserves the right to terminate your account(s), without penalty or liability to VirtaPay. In addition, VirtaPay may exercise all other rights and remedies available to it. 

General:

Nothing contained herein shall restrict VirtaPay's ability or right to remove or disable access to any Seller Material which VirtaPay independently discovers and which, in VirtaPay's sole discretion, violates or infringes any right of any third party, including, without limitation, any Intellectual Property Right. 

Overview of the DMCA^(PDF) on the U.S. Copyright Office website.
Full text of the DMCA on the U.S. Library of Congress website. 

Trademark Policy

You agree that, in the event VirtaPay receives a written demand, such as a "Cease and Desist" letter ("Demand") alleging that any Product ("Seller Material") infringes upon, dilutes, tarnishes or otherwise violates its trademark rights, VirtaPay may in its sole discretion, remove or disable access to such Seller Material until VirtaPay receives either:

1. Written confirmation from the party sending such Demand that the Demand is withdrawn or has been resolved, or
2. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by VirtaPay in its sole discretion and which VirtaPay may reject for any reason without penalty or liability to you. In order for VirtaPay 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 relate to the trademark at issue and not disputed copyrighted material; and
   2. An express, irrevocable and binding obligation pursuant to which you shall indemnify, defend and hold harmless VirtaPay from any damages, costs, or expenses that VirtaPay may incur, in any manner whatsoever, arising out of or in connection with the disputed Seller Materials and/or VirtaPay's restoration thereof.

As a condition of registration with VirtaPay, you acknowledge and agree to all of the following:

1. VirtaPay is not under any obligation to restore access to any Seller Material even if you provide a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at VirtaPay's sole discretion;
2. You expressly waive and disclaim any claim or potential claim against VirtaPay related to or arising out of VirtaPay's removal of or disabling of access to any Seller Material in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses.
3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of Intellectual Property 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 VirtaPay any of the obligations imposed under the DMCA with regard to response times or the like.

A Note to VirtaPay Sellers...

The DMCA and Trademark Policies (above) are part of, and incorporated within, the VirtaPay Terms of Service. As a condition of registering with VirtaPay and using the VirtaPay Services, you expressly acknowledge that you have read and understood this DMCA and Trademark Policy and you agree to be bound by the terms and conditions contained 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 VirtaPay Services.