DMCA/Copyright Claims Policy

Last revised August 20, 2013

Tom Hess Music Corporation and www.tomhess.net, its subsidiaries and affiliates (“Company”) respects others’ intellectual property rights and adheres to the provisions of the Digital Millennium Copyright Act (“DMCA”). This policy applies to the website www.tomhess.net and such other mobile applications and websites as may be owned and/or operated by Company (collectively, the “Sites”), however accessed and/or used, whether via personal computers, mobile devices or otherwise. If you believe that material on the Sites violate your intellectual property rights, please follow the guidelines and procedures below to provide Company with appropriate notice. Company responds to written notices alleging infringement that comply with the DMCA and other applicable laws. Company will remove allegedly infringing material from the Sites upon receipt of a valid DMCA notice as required by the DMCA and will provide the allegedly infringing party with a copy of the DMCA notice alleging infringement. If the party who posted the allegedly infringing information files a valid counter-notification, the materials will be reposted unless you file a claim for relief as further set forth in the DMCA. For the full text of the DMCA, click here.

A. Drafting Your Notice of Allegedly Infringing Material (“DMCA Notice”):

If you believe that material appearing on the Sites violates your intellectual property rights, you must file a written DMCA Notice with Company’s DMCA Agent at the contact points listed in Part C. Company does not accept notices (or counter-notifications) under the DMCA submitted by telephone or electronically via the Sites. You may wish to consult with legal counsel to assist you with assessing your claim(s) and understanding your rights and liabilities, including, without limitation, your potential liability for filing a false claim. The DMCA Notice must substantially comply with the DMCA and include the following:

1. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you believe should be removed or access to which should be disabled, and information that is reasonably sufficient to allow Company to locate such material;
    
3. Information reasonably sufficient to permit Company to contact you, such as a mailing address, telephone number, and/or an e-mail address;
    
4. A statement that you have a good faith belief that Company’s alleged use of the material at issue is not authorized by the copyright owner, its agent, or an applicable law;
    
5. A statement that the information contained in your DMCA Notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed; and
    
6. Your physical or electronic signature (e.g., “/s/ [print name]”), or the physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

B. Counter-Notification:

If you have posted material on the Sites that has been removed as a result of a DMCA Notice, you may file a counter-notification by providing written notice to Company’s DMCA Agent at the contact points listed in Part C. The written notice must substantially comply with the DMCA and include the following:

1. Identification of the material that has been removed or to which access has been disabled and the location on the Sites where the material appeared prior to the DMCA Notice;

2. Your 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 disabled;

3. Your name, mailing address, telephone number, and a written statement acknowledging your consent to the jurisdiction of Federal District Court for the judicial district in which you reside, or if you reside outside of the United States to the Northern District of Illinois, Eastern Division, and that you will accept service of process from the person (whether individually or on behalf of a rights holder) who provided the DMCA Notice of allegedly infringing material to which your counter-notification responds; and

4. Your physical or electronic signature (e.g., “/s/ [print name]”).

C. Contacting Company’s DMCA Agent:

If by U.S. mail, send your DMCA Notice or counter-notification to:

Tom Hess Music Corporation DMCA Agent, Shawna Doran
c/o Much Shelist, PC
191 N. Wacker Dr., 18th Floor
Chicago, IL 60606

If by e-mail, send your DMCA Notice or counter-notification to:

Tom Hess Music Corporation DMCA Agent, Shawna Doran
DMCA@muchshelist.com

If by facsimile, send your DMCA Notice or counter-notification to:

Tom Hess Music Corporation DMCA Agent, Shawna Doran
(312) 521-2865

D. Termination of Repeat Infringers:

In appropriate circumstances, Company will terminate the accounts of parties who repeatedly infringe the copyrights of others.