Digital Millennium Copyright Act Policy
DISCLAIMER: DESKTOPRO does not claim copyright on any image displayed on our website or in our image library. Most of the images displayed on our website are / were found on public websites / forums / newsgroups / etc. without a copyright or author / owner information attached or published - Such images are believed to be in the public domain or provided free for fair use and publicity purposes.
Some images do contain a name or website address which we hope our visitors will attend, however, some of the names / website addresses are no longer valid or reachable on the internet.
We do like to promote certain artists / photographers and as such maintain a section offering full details and website links to the artists / photographers.
We do also create our own desktop wallpapers from images that we know to be free from copyright (the original artist / photographer has declared so). We do not identify our own desktop wallpapers / images because they are free for personal use and as such we do not apply copyright to them.
DESKTOPRO does not sell or charge for any of the images displayed on this website. Our website images are available strictly for personal home, non-commercial use.
If you feel that a copyright has been violated by the display of any images on our website, please fill out a DMCA takedown request so that we can investigate the claim and remove the image if necessary. All requests are taken seriously and action will be taken generally within 72 hours to fully comply with the Digital Millenium Copyright Act.
I. DESIGNATED AGENT
The Company's Designated Agent to receive notification of alleged infringement under the DMCA is:
Attn: Copyright Agent Email:
ciberiatrix (at) gmail.com
Upon receipt of proper notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.
II. COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS
The following elements must be included in your copyright infringement claim:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
4. Information reasonably sufficient to permit the Company 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.
5. 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.
6. A statement that the information in the notice 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.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
III. NOTICE AND TAKEDOWN
Procedure: It is expected that all users of any part of the Company system will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity provided all such claims have been investigated and determined to be valid by Company in Company's sole and absolute discretion. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
IV. REPEAT INFRINGERS
Under appropriate circumstances, Company may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
V. ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is our company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
From the DMCA 1998 Section 512:
"Under the notice and takedown procedure, a copyright owner submits a notification under penalty of perjury, including a list of specified elements, to us DESKTOPRO.com. Failure to comply substantially with the statutory requirements means that the notification will not be considered in determining the requisite level of knowledge or infringement by us. If, upon receiving a proper notification, we promptly remove or block access to the material identified in the notification, we are exempt from monetary liability. In addition, we are protected from any liability to any person for claims based on its having taken down the material. Penalties are provided for knowing material misrepresentations in either a notice or a counter notice. Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys fees) incurred by the alleged infringer, the copyright owner or its licensee, or us."
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